5/29/14                                FY14 THIRD QUARTER EDITORIAL UPDATES                   8900.1 CHG 103

Volume 1  GENERAL INSPECTOR GUIDANCE AND INFORMATION

Chapter 1  HANDBOOK ORGANIZATION, USE, AND REVISION

Section 1  General Handbook Information

1-1    PURPOSE. This order directs the activities of aviation safety inspectors (ASI) responsible for the certification, technical administration, and surveillance of air carriers, certain other air operators conducting operations in accordance with the appropriate part of Title 14 of the Code of Federal Regulations (14 CFR), certificated airmen, and other aviation activities. This order also provides direction for tasks related to aircraft accidents and incidents, investigations and compliance, the aviation safety program, administrative areas, and miscellaneous tasks not related to a specific regulation. In addition, it contains regional and district office requirements for the support of ASIs responsible for those activities.

1-2    CANCELLATION. Federal Aviation Administration (FAA) Order 8900.1, Flight Standards Information Management System (FSIMS), cancels FAA Orders 8300.10, Airworthiness Inspector’s Handbook, 8400.10, Air Transportation Operations Inspector’s Handbook, and 8700.1, General Aviation Operations Inspector’s Handbook.

1-3    STANDARDIZATION AND COORDINATION. A major objective of Flight Standards Service (AFS) is to standardize the functions of the ASI position. For this reason, any change to this order must be in accordance with the approved Aviation Safety (AVS) Quality Management System (QMS) process.

A.    Deviations From This Order. Inspectors, supervisors, and managers who find that specific requirements in this order do not apply to a specific case, should forward a request for permission to deviate from the requirements through the applicable regional Flight Standards division (RFSD) to the appropriate AFS headquarters (HQ) division. The field office should specify in its request the alternate means it will use to meet the intent of the policy from which it wishes to deviate.

1)    The RFSD will assess the deviation request and either accept or deny the request. If the RFSD denies the request, it will notify the field office via a signed memo. If the RFSD accepts the request, it will forward the request to the appropriate HQ policy division.
2)    The HQ policy division will assess the deviation request and notify the field office if the request is granted or denied through a signed memorandum to the field office, with a copy to the RFSD. Field offices and HQ policy divisions will retain any policy deviation memorandums until the applicable 8900.1 policy has been cancelled or they no longer need the memorandums for reference.

B.    Authority to Change This Document. The Director of Flight Standards Service, AFS‑1, must approve all changes to this order.

C.    Conflicts with Other FAA Orders. The guidance in this order may conflict with that in other FAA orders and directives. This situation may arise inadvertently or because it is impractical to revise all orders simultaneously. In such a case, use the order with the most recent date. If the guidance in this order conflicts with 14 CFR, 14 CFR takes precedence. Inspectors should refer questions about such conflicts to their immediate supervisors. Supervisors and managers may contact the respective AFS Division through the Regional Office (RO) to resolve such questions.

D.    Availability of This Order. This order is available to both FAA personnel and to individuals outside the FAA. Flight Standards inspectors should advise operators of the availability of this order.

1-4    HANDBOOK REVISIONS. Individuals at all levels of the FAA and individuals in the aviation industry are encouraged to make suggestions for revisions to the order.

A.    Policy Questions or Concerns. Any questions or concerns regarding policy must be coordinated with field office management. If the issue cannot be resolved at the field office level, the office management may email the FSIMS Librarian, with a copy to the field office’s region.

B.    Handbook Revision Process. AFS QMS AFS–100–001, Directives and Advisory Circular Production, is the process for revising this order. The need for a revision may become evident when a change occurs in the aviation industry, national and international regulatory bodies, in 14 CFR, or FAA policies.

C.    Review and Notification. The appropriate policy division will review and consider all questions, concerns, or suggestions submitted. The FSIMS Librarian will acknowledge receipt of each suggestion.

1-5    DIRECTIVE AND GUIDANCE INFORMATION.

A.    Directive Information. Directive information is information considered directive in nature, contains terms such as “shall,” “will,” or “must,” and means the actions are mandatory. “Shall not” prohibits the action. The use of these terms will leave no flexibility, and inspectors must follow their direction unless otherwise authorized by HQ.

B.    Guidance Information. Guidance information is information considered guiding in nature and will contain terms such as “should” or “may.”

Indicates new/changed information.
1)    “Should” indicates actions that are expected. If the “should” expectation cannot be met, what was done to comply must be documented. Resulting mitigating actions must be taken and communicated as appropriate.
2)    “May” indicates actions that are desirable, permissive, or not mandatory, and allow flexibility.

RESERVED. Paragraphs 1-6 through 1-25.


5/29/14                                                                                                                                                8900.1 CHG 0

Volume 1  GENERAL INSPECTOR GUIDANCE AND INFORMATION

CHAPTER 1  HANDBOOK ORGANIZATION, USE, AND REVISION

Section 2  Definitions

1-26    DEFINITIONS. The following definitions are from Title 14 of the Code of Federal Regulations (14 CFR) part 1, § 1.1 or other appropriate sources.

A.    Aircraft. A device that is used or intended to be used for flight in the air.

B.    Aircraft Engine. An engine that is used or intended to be used for propelling aircraft. It includes turbo‑superchargers, appurtenances, and accessories necessary for its functioning, but does not include propellers.

C.    Airworthy. Two conditions must be met before an aircraft can be considered “airworthy”:

1)    The aircraft must conform to its type certificate (TC); that is, when the aircraft configuration and the components installed are consistent with the drawing, specifications, and other data that are part of the TC, and include any supplemental TC and field‑approved alterations incorporated into the aircraft.
2)    The aircraft must be in condition for safe operation; this refers to the condition of the aircraft relative to wear and deterioration.

D.    Appliance. Any instrument, mechanism, equipment, part, apparatus, appurtenance, or accessory, including communications equipment, that is used or intended to be used in operating or controlling an aircraft in flight, is installed in or attached to the aircraft, and is not part of an airframe, engine, or propeller.

E.    Applicable. Capable or suitable for being applied.

F.    Appropriate. Especially suitable or compatible; fitting.

G.    Available. Accessible, obtainable.

H.    Current. The term “current,” as it relates to the Airplane Flight Manual (AFM) and Rotorcraft Flight Manual (RFM), has two meanings, depending on whether one is referring to aircraft certification or to ongoing operations conducted under 14 CFR part 91, 121, 125, or 135. In an October 8, 1998 legal interpretation from the Assistant Chief Counsel, Regulations Division, AGC–200, the term current is defined as follows:

1)    Certification Rules, 14 CFR Part 21. The definition of current, as it pertains to aircraft certification and as used in the phrase “current approved Airplane or Rotorcraft Flight Manual” in part 21,
§ 21.5(a), means belonging to the present time. Once the “current” AFM or RFM is made available to the owner at the time of delivery of the aircraft, the obligation under § 21.5 is met, fulfilled, and complete.
2)    Operating Rules, 14 CFR Parts 91, 121, 125, and 135. The definition of current, as it pertains to operations under these parts and as used in the phrase “current approved flight manual” in part 121,
§ 121.141(a), has been interpreted by the Office of the Chief Counsel (AGC) differently from the interpretation of current for aircraft certification procedures. In contrast to § 21.5(a), AGC has determined that the word current in § 121.141(a) is ongoing and those persons certified to operate under part 121 have an ongoing obligation to keep a current approved AFM.

I.    Data. The drawings and specifications necessary to define the configuration and design features of the repair or alteration. These drawings and specifications include information on weight, balance, operating limitations, flight characteristics, dimensions, materials, and processes that are necessary to define the structural strength of the repair or alteration.

J.    Directive Information. Information that is regulatory in nature and uses terms such as “shall” and “must.” These terms mean that the actions are MANDATORY. “Shall not” or “must not” means that the actions are PROHIBITED. The use of these terms allows the Aviation Safety Inspector (ASI) no flexibility and means their direction must be followed, unless otherwise authorized by headquarters division managers.

K.    Field Approval. One of the means used by the FAA to approve technical data used to make a major repair or major alteration. It is an approval by the Administrator, through an authorized Airworthiness ASI, of technical data used to make a major repair or major alteration. Technical data, so approved, becomes “technical data approved by the Administrator.” This type of approval may be accomplished in one of the following two ways:

1)    Examination of technical data for use on only one aircraft; or
2)    Examination of technical data by physical inspection, demonstration, testing, etc., for use on only one aircraft.
Title: Change Bar - Description: Indicates new/changed informatiion.

L.    Guidance Information. Guidance information is information considered guiding in nature and will contain terms such as “should” or “may.”

1)    “Should” indicates actions that are expected. If the “should” expectation cannot be met, what was done to comply must be documented. Resulting mitigating actions must be taken and communicated as appropriate.
2)    “May” indicates actions that are desirable, permissive, or not mandatory, and allow flexibility.

M.    Handbook. The handbook is a directive designed to provide essential overall instructions, guidance, and requirements for operations, airworthiness, and manufacturing field personnel to accomplish their job functions.

N.    Major Alteration. An alteration not listed in the aircraft, aircraft engine, or propeller specifications, that:

1)    Might appreciably affect weight, balance, structural strength, performance, powerplant operation, flight characteristics, or other qualities affecting airworthiness; or
2)    Is not done according to accepted practices or cannot be done by elementary operations.

O.    Major Repair. A repair that fits one or more of the following:

1)    Might appreciably affect airworthiness by changing weight, balance, structural strength, performance, powerplant operation, or flight characteristics if improperly done; or
2)    Is not done according to accepted practices or cannot be done by elementary operations.

P.    Minor Alteration. Any alteration that is not classified as a major alteration.

Q.    Minor Repair. Any repair that is not classified as a major repair.

R.    Propeller. A device for propelling an aircraft that has blades on an engine‑driven shaft which, when rotated, produces by its action on the air, a thrust approximately perpendicular to its plane of rotation. It includes control components normally supplied by its manufacturer, but does not include main and auxiliary rotors or rotating airfoils of engines.

S.    Substantiating. To support and verify with proof or evidence. To give material form. To make firm or solid. To give substance or reality.

RESERVED. Paragraphs 1‑27 through 1‑45.


4/11/14                                                                                                                                                8900.1 CHG 0

Volume 2  AIR OPERATOR AND AIR AGENCY CERTIFICATION AND APPLICATION PROCESS

CHAPTER 2  GENERAL INFORMATION FOR AIR CARRIER CERTIFICATION AND FRACTIONAL OWNERSHIP APPLICATION

Section 2  Air Carrier Commercial Operator Certificate Determinations, Types of Certificates, and Applicable Rules

2-126    PURPOSE. This section provides direction and guidance for the issuance of air carrier certificates and operating certificates. Title 14 of the Code of Federal Regulations (14 CFR) part 119 consolidates the certification and operations specifications (OpSpecs) requirements for persons who operate in common carriage under 14 CFR parts 121 and 135. Part 119 also contains definitions pertinent to operations that do not involve common carriage. The following paragraphs are intended to enhance an inspector’s understanding of the basis for issuance of a particular type of certificate (air carrier or operating) and the kinds of operations authorized under those certificates and OpSpecs.

2-127    COMMON CARRIAGE VS. OPERATIONS NOT INVOLVING COMMON CARRIAGE.

A.    Common Carriage. The first step in evaluating an application is determining whether an applicant will be engaged in common carriage. An applicant is engaged in common carriage if the applicant “holds out” to the public (by advertising or other means) to transport persons or property for compensation or hire.

B.    Not Common Carriage. An applicant is not engaged in common carriage if he or she does not meet the above requirement. Operations not involving common carriage include the following definitions or exceptions. These definitions or exceptions are contained in part 119 and in sections of 14 CFR part 91.

1)    Non common carriage involves the carriage of persons or property for compensation or hire, but there is no holding out. Non common carriage operations require the issuance of an operating certificate. Operations would be conducted under 14 CFR part 125 or part 135, depending on the type of aircraft, seating configuration, and payload capacity.
2)    Private carriage involves the carriage of persons or property for compensation or hire with limitations on the number of contracts. The carriage of persons or property for compensation or hire under a contractual business arrangement between the operator and another person or organization, which did not result from the operator’s holding out or offering service is considered to be private carriage. (In this situation, the customer seeks an operator to perform the desired service and enters into an exclusive, mutual agreement as opposed to the operator seeking customers). Private carriage operations require the issuance of an operating certificate. Operations would be conducted under part 125 or part 135, depending on the type of aircraft, seating configuration, and payload capacity.

NOTE:  The current edition of Advisory Circular (AC) 120-12 provides additional guidelines for determining whether or not a transportation operation is common carriage. If an inspector cannot clearly determine whether an operation is common carriage or an operation not involving common carriage, the facts of the situation shall be presented to the regional Flight Standards division (RFSD). The RFSD shall coordinate the matter with both Regional Counsel and the Air Transportation Division (AFS-200) or the General Aviation and Commercial Division (AFS‑800) (as applicable) for an appropriate determination.

3)    Part 119 defines a direct air carrier as a person who provides or offers to provide air transportation and who has control over the operational functions performed in providing that transportation. The Federal Aviation Administration (FAA) issues certificates to these direct air carriers. Title 49 of the United States Code (49 U.S.C.) expands the definition of an air carrier to include a person who acts “indirectly.” The FAA does not issue certificates to indirect air carriers. An indirect air carrier is a company that contracts aircraft and crew services from an air carrier or commercial operator but may not engage in control over the operational function of any flight. Examples of indirect air carriers include freight forwarders, brokers, or public charter operators. An indirect air carrier will act as an agent for either the customer or the air carrier, and their advertising must make it clear that a certificated air carrier or commercial operator provides the transportation.
4)    Operations in which persons or cargo are transported without compensation or hire are conducted under part 91 and do not require a certificate.
5)    Exceptions from the certification requirements of part 119 and the operating rules of parts 121 and 135 are summarized in the following paragraphs. Refer to the cited regulations for the complete regulatory content.
a)    Part 91 subpart F applies to large and turbine-powered, multiengine airplanes and fractional ownership program aircraft. Part 91, § 91.501 lists certain operations not involving common carriage that may be conducted under part 91 instead of part 121 or part 135. These operations involve the transportation of persons or property and may involve compensation. Section 91.501 sets conditions on the amount and types of compensation for some of these operations. Examples include:

·    Ferry or training flights.

·    Aerial work operations.

·    Sales demonstration flights (limited compensation for expenses).

·    Personal transportation for operator or guests (no charge, assessment, or fee).

·    Carriage of officials, employees, guests, and property of a company on an airplane operated by that company, parent, or subsidiary (Carriage is incidental to business and limited compensation for ownership, operating, and maintenance costs or no charge for guests when not within the scope of business of company).

·    Time shares, interchange agreements, and joint ownership.

·    Carriage of property (except mail) incidental to business (limited compensation for expenses).

·    Carriage of group (with common purpose) when there is no charge, assessment, or fee.

·    Carriage of persons for purpose of selling land, goods, or property when there is no charge, assessment, or fee.

·    Fractional ownership.

b)    Part 119, § 119.1(d) states that part 119 certification requirements do not apply to fractional ownership, or operations conducted under 14 CFR part 129, 133, 137, or 139.
c)    Section 119.1(e) lists operations that do not require air carrier or commercial operator certification. Examples include:

·    Student instruction.

·    Certain nonstop sightseeing flights conducted within a 25 statute mile (sm) radius of the airport.

·    Ferry or training flights.

·    Aerial work.

·    Sightseeing flights in hot air balloons.

·    Nonstop flights within 25 sm for intentional parachute operations.

·    Limited helicopter flights within 25 sm.

·    Part 133 (rotorcraft external load) or part 375 (certain foreign civil aircraft operations within the United States).

·    Emergency mail service (49 U.S.C. § 41906).

·    Carrying candidates in elections (§ 91.321).

2-128    TYPES OF CERTIFICATES UNDER PART 119. There are two, basic types of air operator certificates (AOC) issued to U.S. applicants who will conduct operations in common carriage. See Table 2-4, Certification for a summary of certificate requirements.

A.    An Air Carrier Certificate. This certificate is issued to applicants that plan to conduct interstate, foreign, or overseas transportation, or to carry mail.

B.    An Operating Certificate. This certificate is issued to applicants that plan to conduct intrastate transportation.

2-129    DETERMINING APPROPRIATE OPERATING RULE AND KIND OF OPERATION FOR PART 119.

A.    Step One. Once you determine the type of certificate, the next step is to determine the appropriate operating rule and kinds of operation. There are two operating rules that are appropriate for air carriers and commercial operators. An applicant will operate under part 135, part 121, or both depending on whether the operation is scheduled and the size and type of aircraft used. There are five kinds of operations: domestic, flag, and supplemental operations (applying to operations conducted under part 121) and commuter and on-demand operations (describing operations under part 135). To determine the appropriate operating rule and kind of operation, first determine if the applicant will conduct scheduled or nonscheduled operations.

1)    Scheduled operations include passenger operations in which the departure location and time and the arrival location are offered in advance by the operator. Scheduled operations can also carry cargo. However, an all-cargo operation is defined as nonscheduled.

NOTE:  Scheduled operations do not include public charter operations under 14 CFR part 380.

2)    Nonscheduled operations include:
a)    Passenger-carrying operations in which the departure time and the departure and arrival locations are specifically negotiated with the customer or the customer’s representative.
b)    All-cargo operations.
c)    Scheduled passenger operations in aircraft (other than turbojet‑powered airplanes) that have nine or fewer passenger seats and a 7,500-pound payload or less that operate with a frequency of less than five round trips a week on at least one route between two or more points according to a published flight schedule.
d)    Passenger operations conducted as a public charter under part 380.

B.    Step Two. Once it is determined whether the operation is scheduled or nonscheduled, the next step is to determine the appropriate operating rule and kinds of operation. An operator can conduct operations under part 121, 135, or both. However, the applicant will only be issued one certificate. The OpSpecs will detail the operating rules and kinds of operations. The definitions for kinds of operations are contained in § 119.1 and Volume 2, Chapter 2, Section 1, paragraph 2-103. Table 2-4 summarizes the appropriate operating rule and kinds of operation based on the aircraft type, size, seating configuration, and payload capacity, as well as the Area of Operations.

1)    Kinds of scheduled operations:
a)    Part 121 flag. An operator who has flag authority will also receive domestic and supplemental authority.
b)    Part 121 domestic. An operator who has domestic authority will also receive supplemental authority.
c)    Part 135 commuter. An operator who has commuter authority will also receive on-demand authority.
2)    Kinds of nonscheduled operations:
a)    Part 121 supplemental.
b)    Part 135 on-demand.

C.    Special Considerations for Aircraft With Modified Payload Capacities and/or Passenger Seat Configurations. There have been a number of instances where a Supplemental Type Certificate (STC) or other approved technical amendment to the type certification data results in a limitation or reduction of the maximum payload capacity for a particular make, model, and series (M/M/S) airplane. This reduction is achieved through a reduction of the maximum zero fuel weight (MZFW) or other means. One instance involves the Boeing Business Jet (BBJ), but other airplanes have also been modified.

1)    Part 119 defines, for air carriers and commercial operators, which operating rule will apply to the operation of their aircraft. Part 119 references passenger seat configuration and payload capacity to determine the applicable operating rules. In general, on-demand operation of airplanes having a passenger seat configuration of 30 seats or fewer, excluding each crewmember seat, and a payload capacity of 7,500 lb or less are conducted under part 135. On‑demand operations of multiengine airplanes with a passenger seat configuration of more than 30 seats or a payload capacity of more than 7,500 lb are conducted under part 121.
2)    Part 125 prescribes rules governing the operations of U.S.-registered airplanes that have a seating configuration of 20 or more passenger seats, or a maximum payload capacity of 6,000 lbs or more when common carriage is not involved.
3)    Flight Standards Service (AFS) policy states that the passenger seat configuration and (maximum) payload capacity, as defined in parts 119, 121, 125, and 135 determine the applicable operating rule. If the passenger seating configuration or maximum payload capacity is modified, restricted, or limited through FAA‑approved means (i.e., STC and Aircraft Flight Manual (AFM) revision), the amended passenger seat configuration and payload capacity can be used to determine the applicable operating rules.
4)    For example, a BBJ receives an FAA-approved reduction of the MZFW that results in a maximum payload capacity of 7,500 lb or less. This airplane also has a seating configuration of 30 or fewer passenger seats. Since it meets the applicability requirements of part 119, this airplane would be permitted to operate under part 135 instead of under part 121. The same logic would hold true if the payload capacity had been modified to 6,000 lb or less and a passenger seat configuration of 20 seats or fewer. In this instance, the airplane would be permitted certain operations under part 91 instead of under part 125.

2-130    ECONOMIC AUTHORITY FOR PART 119—DEPARTMENT OF TRANSPORTATION (DOT) CERTIFICATES AND EXEMPTIONS. DOT is responsible for issuing economic authority for air carriers. No economic authority is required for commercial operators conducting intrastate transportation under part 121 or 135 or for operators conducting private or non common carriage under part 125 or 135. The type of economic authority is generally based on whether the operation is scheduled or charter, passenger or cargo, and the aircraft seating and payload capacity. It should be noted that the DOT definitions and terminology are not identical to those contained in part 119 and used for FAA certification. Actions that must be taken to obtain DOT economic authority are summarized in Table 2‑5, Actions to Obtain DOT Authority. The following economic authorities are issued:

·    Title 49 U.S.C. § 41102.

·    Title 49 U.S.C. § 41103.

·    Commuter Air Carrier Authorization (scheduled passenger with small aircraft).

·    Air taxi operator authority (nonscheduled passenger or cargo with small aircraft).

·    Exemption authority under 49 U.S.C. § 40109.

A.    Large Airplanes. DOT defines large airplanes as originally designed to have more than 60 passenger seats or more than 18,000-pound payload. An operator with these airplanes is required to hold economic authority under 49 U.S.C. § 41102 or § 41103. These certificates may also be issued to companies operating smaller aircraft. An applicant must be found “fit, willing, and able” to conduct the operations before issuance of this certificate authority.

1)    Section 41102 authority may be issued for scheduled or charter operations that serve domestic or foreign points and that carry passengers, cargo and mail, or that carry cargo and mail only. Evidence of the authority consists of a certificate, with terms, conditions, and limitations. The DOT’s Show Cause and Final Orders also provide evidence of this authority.
2)    Section 41103 authority is provided to all-cargo operations. Evidence of this authority consists of a certificate with terms, conditions, and limitations. DOT’s Show Cause and Final Orders also provide evidence of this authority.

B.    Commuter Air Carrier. A commuter air carrier is defined as a company which operates airplanes designed to have no more than 60 passenger seats that provides scheduled passenger service of five or more round trip flights per week on at least one route according to published flight schedules. In accordance with 14 CFR part 298, a commuter air carrier must be found fit, willing, and able prior to being authorized to operate its scheduled passenger service. Evidence of this authority consists of a Commuter Air Carrier Authorization with terms, conditions, and limitations. DOT’s Show Cause and Final Orders also provide evidence of this authority.

C.    Air Taxi Operator. An air taxi operator is defined as a company which operates aircraft originally designed to have no more than 60 passenger seats or a cargo payload of 18,000 lbs and carries cargo or mail on either a scheduled or charter basis, and/or carries passengers on an on-demand basis or limited scheduled basis (i.e., four or fewer round trips a week on at least one route according to published flight schedules) only. An air taxi operator must register under part 298 (DOT Office of the Secretary of Transportation (OST) Form 4507, Air Taxi Operator Registration and Amendments under Part 298 of the Regulations of the Department of Transportation). The Technical Programs Branch (AFS-260) maintains the part 298 registrations. The OST Forms 4507 and 6410, U.S. Air Carriers‑Certificate of Insurance: Policies of Insurance for Aircraft Accident Bodily Injury and Property Damage Liability, are to be submitted whenever changes occur in the information reported on the forms. Every air taxi operator who plans to commence operations under part 135 must register with AFS-260 not later than 30 days prior to commencement of such operations. The registration of an on‑demand air carrier shall remain in effect until it is amended by the carrier or canceled by the Administrator. Evidence of this authority is the DOT registration (OST Form 4507).

NOTE:  An airplane, for which the passenger seating configuration or maximum payload capacity is modified, restricted, or limited in order to operate under part 135 is subject to a DOT fitness determination if it was originally designed for more than 60 passengers or a maximum payload of 18,000 lbs.

D.    Exemption Authority. A company may also provide certain operations pursuant to exemption authority from the DOT. Generally, exemption authority is issued only to companies which already hold some type of § 41102 certificate authority from DOT and wish to provide operations outside of the authority granted by that certificate. Evidence of exemption authority may consist merely of a DOT confirmation of oral action taken, or it may take the form of a DOT order or written notice granting such authority.

NOTE:  If an inspector is unsure of the type of operations authorized by the registration, certificate, or exemption evidence presented by an air carrier, the inspector should contact DOT’s Air Carrier Fitness Division at 202-366-9721 to confirm the authority held.

E.    DOT Queries. DOT staff, in support of DOT fitness determinations, may occasionally query field inspectors concerning accident, incident, and enforcement histories and qualifications of an applicant or an applicant’s management personnel. Other than responding to these queries, a field inspector should not be involved in an applicant's efforts to obtain DOT economic authority. It is solely the responsibility of an applicant to obtain DOT economic authority. Field inspectors, however, shall not issue an FAA air carrier certificate unless an applicant can show proof that appropriate DOT economic authority has been obtained.

F.    Additional Information. For more information, go to the OST website: http://ostpxweb.ost.dot.gov/aviation/certific/Certificated%20packet2.pdf.

Table 2–4,  Certification

TYPE OF CERTIFICATE

SEATING CAPACITY

PAYLOAD CAPACITY

14 CFR OPERATING PART

KIND OF OPERATION

AIR CARRIER CERTIFICATE

Scheduled Operations (common carriage passenger operation; departure, location, and time and arrival location offered in advance by the operator)

Common Carriage (holding out to transport persons or property for compensation or hire):

• Interstate,

• Foreign,

• Overseas, or

• Carriage of mail.

·      Turbojets.

·      Multiengine airplanes with 10 or more passenger seats, OR more than a 7,500‑pound payload capacity.

·      Within or between the 48 contiguous U.S. states, entirely within a state, territory, or possession, or special authorizations.

121

Domestic

 

·      Turbojets.

·      Multiengine airplanes with 10 or more passenger seats, OR more than a 7,500‑pound payload capacity.

·      Entirely outside U.S., takeoff or landing outside the 48 contiguous states, or between Alaska, Hawaii, and U.S. territories.

121

Flag

Indicates new/changed information.

 

Airplanes, other than turbojet‑powered airplanes, with nine or fewer passenger seats, excluding each crewmember seat, AND a 7,500-pound or less payload capacity, or any rotorcraft used in any scheduled operation with a frequency of operations of at least five round trips per week on at least one route between two or more points according to the published flight schedules.

135

Commuter

 

Airplanes, other than turbojets, with nine or fewer passenger seats AND a 7,500-pound or less payload capacity, or any rotorcraft used in scheduled passenger‑carrying operations with a frequency less than five round trips per week on at least one route between two or more points according to the published flight schedules.

135

On‑demand

AIR CARRIER CERTIFICATE (continued)

Nonscheduled operations (negotiated departure time, departure location, and arrival location; or all‑cargo or 14 CFR part 380 public charter)

 

Passenger operations with multiengine airplanes with more than 30 passenger seats OR more than a 7,500-pound payload capacity.

 

NOTE: A multiengine airplane with 10 to 30 seats or a turbojet listed in OpSpecs for part 121 domestic or flag operations must be operated under part 121 supplemental for on‑demand operations.

121

Supplemental

 

Passenger operations with airplanes with 30 or fewer passenger seats AND a 7,500‑pound or less payload capacity, or any rotorcraft.

 

NOTE: A multiengine airplane with 10 to 30 seats or a turbojet that is listed in OpSpecs for part 121 domestic or flag operations cannot be operated under part 135 on‑demand rules, but that specific airplane must be operated under part 121 supplemental rules for nonscheduled operations.

135

On‑demand

 

All‑cargo operations with airplanes having a payload capacity of more than 7,500 lb.

121

Supplemental

 

All‑cargo operations with airplanes having a payload capacity of 7,500 lb or less, or with rotorcraft.

135

On‑demand

OPERATING CERTIFICATE

Scheduled operations (common carriage passenger operation, departure, location, and time and arrival location offered in advance by the operator)

Common Carriage in intrastate operations (publicly offering to transport persons or property for compensation or hire).

·      Turbojets.

·      Multiengine airplanes with 10 or more passenger seats, OR more than a 7,500‑pound payload capacity.

·      Within or between the 48 contiguous U.S. states, entirely within a state, territory, possession, or special authorizations.

121

Domestic

 

Airplanes with nine or fewer passenger seats AND a 7,500‑pound or less payload capacity, or any rotorcraft.

135

Commuter

 

Nonscheduled operations (negotiated departure time, departure location, and arrival location; or all‑cargo or part 380 public charter).

 

Multiengine airplanes with more than 30 passenger seats OR more than a 7,500‑pound payload capacity.

 

NOTE: A multiengine airplane with 10 to 30 seats or a turbojet listed in OpSpecs for part 121 domestic or flag operations must be operated under part 121 supplemental for on‑demand operations.

121

Supplemental

 

Airplanes with 30 or fewer passenger seats AND a 7,500‑pound or less payload capacity, or any rotorcraft.

 

NOTE: A multiengine airplane with 10 to 30 seats or a turbojet that is listed in OpSpecs for part 121 domestic or flag operations cannot be operated under part 135 on‑demand rules, but that specific airplane must be operated under part 121 supplemental rules for nonscheduled operations.

135

On‑demand

OPERATING CERTIFICATE

(continued)

 

Operations not involving common carriage (non common carriage or private carriage; see part 119 definition).

Airplanes with 20 or more passenger seats and a 6,000‑pound or more payload capacity.

125

N/A

 

Airplanes with less than 20 seats and less than a 6,000‑pound payload capacity and any rotorcraft.

135

 

On‑demand

Table 2–5,  Actions to Obtain DOT Authority

FAA Type of Operation

FAA Operating Rule

DOT Type of Operation and Required Authority

Operator

Responsibility

DOT

Responsibility

Airplanes with more than nine seats or more than a 7,500‑pound payload in scheduled passenger operations.

Title 14 CFR part 121 domestic or flag.

Title 49 U.S.C. § 41102 Certificate.

·     Airplanes with more than 60 seats or an 18,000‑pound payload.

·     Section 41102 Certificate or Commuter Air Carrier Authorization (with 14 CFR part 298 exemption).

·     Airplanes with 60 seats or less and an 18,000‑pound payload or less.

Section 41102 or Commuter Authorization.

·     Apply for fitness determination.

·     Submit requested info and proof of insurance.

·     Register with DOT (for commuter only; OST Form 4507).

Section 41102 or Commuter Authorization.

·     Post application to docket for public viewing.

·     Conduct fitness determination.

·     Issue a show cause order inviting comments on why operation should not be authorized.

·     Issue final order with a § 41102 Certificate or Commuter Authorization (the effectiveness of which is conditioned upon receipt of appropriate FAA authority).

·     Issue registration (for commuter only).

Airplanes with more than 30 seats or a 7,500‑pound payload (nonscheduled or all‑cargo).

Part 121 supplemental.

Section 41102 Certificate.

·     Airplanes with more than 60 seats or an 18,000‑pound payload.

·     Section 41102 or part 298 exemption/registration.

·     Airplanes with 60 seats or less or an 18,000‑pound payload or less.

Section 41102 Certificate.

·     Apply for fitness determination.

·     Submit requested info & proof of insurance.

·     Part 298 exemption.

·     Register with AFS‑260 (OST Form 4507) & show proof of insurance (OST Form 6410).

Section 41102 Certificate.

·     Post application to docket for public viewing.

·     Conduct fitness determination.

·     Issue a Show Cause Order, inviting comments on why operation should not be authorized.

·     Issue Final Order with § 41102 Certificate (the effectiveness of which is conditioned upon receipt of appropriate FAA authority).

·     Part 298 exemption.

·     Issue registration.

NOTE: DOT certificates or registrations are written evidence of official economic authority issued by the DOT.

FAA Type of Operation

FAA Operating Rule

DOT Type of Operation and Required Authority

Operator

Responsibility

DOT

Responsibility

Airplanes with nine seats or fewer or a 7,500‑pound payload or less or rotorcraft in scheduled passenger operations (five or more round trips a week in at least one market).

Part 135 commuter.

Section 41102 certificate or Commuter Air Carrier Authorization (with part 298 Exemption for Operations).

·     Airplanes with 60 seats or fewer and an 18,000‑pound payload or less.

Section 41102 or Commuter Authorization.

·     Apply for fitness determination.

·     Submit requested info and proof of insurance.

·     Register with DOT (for commuter only; OST Form 4507).

Section 41102 or Commuter Authorization.

·     Post application to docket for public viewing.

·     Conduct fitness determination.

·     Issue a Show Cause Order, inviting comments on why operation should not be authorized.

·     Issue Final Order with § 41102 Certificate or Commuter Authorization (the effectiveness of which is conditioned upon receipt of appropriate FAA authority).

·     Issue registration (for commuter only).

Airplanes with 30 seats or fewer and a 7,500‑pound payload or less or rotorcraft in on‑demand passenger and/or cargo operations.

Part 135 on‑demand.

Part 298 Exemption for Nonscheduled Operations.

·     Airplanes with 60 seats or fewer and an 18,000‑pound payload or less.

Part 298 exemption.

·     Register with AFS‑260 (OST Form 4507) and show proof of insurance (OST Form 6410).

Part 298 exemption.

·     Issue registration.

2-131    PREREQUISITES AND COORDINATION REQUIREMENTS.

A.    Prerequisites. This task requires knowledge of the task background and qualification as an aviation safety inspector (ASI) or an aviation safety technician (AST).

B.    Coordination. This task requires coordination with the Aviation Data Systems Branch, AFS-620.

2-132    REFERENCES, FORMS, AND JOB AIDS.

A.    References. Appropriate certification chapters.

B.    Forms. FAA Form 8400-6, Preapplication Statement of Intent.

C.    Job Aids. None.

2-133    OBTAINING PRECERTIFICATION/DESIGNATOR NUMBERS AND FINAL NUMBERS.

Indicates new/changed information.

A.    General. The RFSD is responsible for obtaining precertification/designator numbers for part 91 subpart K (part 91K), 121, 125, 135, 142, 145, and 147 applicants. Upon receipt of a Preapplication Statement of Intent (PASI) (FAA Form 8400-6), the appropriate division staff specialist will determine which district office will be assigned responsibility for the certification project. The assigned certificate-holding district office (CHDO) will then contact AFS‑620 via email at 9-AMC-AFS-620-Team@faa.gov, stating “the purpose of the contact is to request a precertification/designator number” and provide the following information:

·    Full official name of the company.

·    The location address of the proposed principal base of operations or location where the business will be conducted.

·    Names of proposed management personnel (last, first, and middle initial).

·    Proposed type of certificate (Air Carrier Certificate, Operating Certificate, or Air Agency Certificate) and applicable 14 CFR (part 121, 125, 135, 142, 145, 147, or 91K management specification (MSpec)).

·    Proposed startup date.

·    Identification of any current or previous certificate held by the applicant.

·    The designator of the district office assigned responsibility.

B.    Assignment of Designator Element. AFS-620 will provide the division staff specialist with a precertification/designator number. The alpha suffix of the precertification/identification number will always be the letter “P.” The division staff specialist will complete Section III of the PASI and return or forward it to the appropriate Flight Standards District Office (FSDO), if applicable.

C.    Release of Precertification/Identification Number. If the certification process is terminated before completion, terminate the task in the enhanced Vital Information Database (eVID).

D.    Finalization of Certificate/Designator Number. When a district office is ready to prepare the certificate and OpSpecs for issuance to an operator about to be certificated, the responsible inspector will coordinate with AFS-620 to obtain a final certificate/designator number. The responsible inspector shall state that “the purpose of the contact is to obtain a final certificate/designator number” and provide AFS-620 with the precertification/identification number. AFS-620 will finalize the alpha suffix and provide the complete final certificate/designator number to the responsible district office inspector. The responsible inspector must confirm that there has been no change in the type of certificate or type of operation from the time the precertification/identification number was issued to the time the certificate/designator is to be issued. The type element code must be consistent with the type certificate/designator to be issued and the appropriate operating regulation. If a change has occurred, AFS-620 must be advised so that AFS-620 can change its records and issue a corrected certificate/designator number.

NOTE:  For information regarding identification numbers for fractional ownership programs under part 91K, refer to Volume 2, Chapter 5.

RESERVED. Paragraphs 2-134 through 2-150.


4/30/14                                                                                                                                            8900.1 CHG 320

Volume 3  General Technical Administration

chapter 18  Operations Specifications

Section 3  Part A Operations Specifications—General

3-736    DISCUSSION. This section and sections 4, 5, and 6 of Volume 3, Chapter 18 discuss each standard template available for issuance by the automated Operations Safety System (OPSS), 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 and nonstandard 500-series OpSpecs/MSpecs/training specifications (TSpecs)/LOAs (Parts A, B, C, D, E, and H) require approval by the appropriate headquarters (HQ) policy division. Title 14 CFR parts 61, 91, 91K, 125 (including part 125 LODA holders), 133, 137, and 141 operators’ nonstandard operational requests must be approved by the General Aviation and Commercial Division (AFS‑800). Title 14 CFR parts 121, 135, and 142 nonstandard operational requests must be approved for issuance by the Air Transportation Division (AFS‑200). Parts 121, 135, and 14 CFR part 145 repair stations and all airworthiness nonstandard requests must be approved by the Aircraft Maintenance Division (AFS‑300). All Weather Operations (AWO) relating to instrument procedures must be approved by the Flight Technologies and Procedures Division (AFS‑400) and AFS-200 or AFS-800, as appropriate. Nonstandard authorizations for 14 CFR part 129 foreign operators require approval from the International Programs and Policy Division (AFS-50).

NOTE:  All text added to an OpSpec/MSpec/TSpec 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 18, Section 2.

3-737    3-737 PART A OPERATIONS AND MANAGEMENT SPECIFICATIONS PARAGRAPHS.

3-738    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 Contracts

(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 Enhanced Vital Information Database (eVID) 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.

3-739    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.

3-740    OPSPEC/MSPEC A003, AIRPLANE/AIRCRAFT AUTHORIZATION. OpSpec/MSpec 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 (part 91K), 121, 125, or 135 operations. 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 FAA’s 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 OpSpecs 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 the OPSS “Maintain Operator Data—Aircraft” area. 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 A003 is generated, the data from the OPSS “Maintain Operator Data—Aircraft” are loaded into the appropriate A003 columns. Part 119 section selections in the OPSS “Maintain Operator Data—Aircraft” area 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:

·    Section 119.21(a)(1)—Domestic (D),

·    Section 119.21(a)(2)—Flag (F),

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

·    Section 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 125/125M (Letter of Deviation Authority (LODA)):

·    Section 119.23(a)—Private Carriage (Noncommon Carriage), and

·    Section 119.23(a)—125M LODA (When Common Carriage is Not Involved).

3)    Selections available for part 135:

·    Section 119.21(a)(4)—Commuter,

·    Section 119.21(a)(5)—On‑Demand,

·    Section 119.23(b)—Private Carriage (Noncommon Carriage),

·    Section 119.25(a)—Rotorcraft Commuter, and

·    Section 119.25(b)—Rotorcraft On‑Demand.

C.    Passenger Seating Terminology for 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 parts 121 and 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, Maximum Approved Passenger Seating Capacity For Transport, 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” refers to the maximum seating capacity stated in the aircraft TCDS, which includes pilot seats. “Installed seats” are passenger seats actually installed in the individual aircraft. Office of the Secretary of Transportation (OST) Form 4507, Air Taxi Operator Registration and Amendments under Part 298 of the Regulations of the Department of Transportation, requires the applicant to list the passenger seats installed for the aircraft make and model. This does not include seats occupied by the pilot or co‑pilot, unless the latter is available for passenger use. OPSS data feeds the 14 CFR part 298 insurance registration and coverage module from “Maintain Operator Data—Aircraft” for certificated seats only.

6)    All‑cargo operations allow only passengers as defined in § 121.583(a) and part 135, § 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 in subparagraphs 3‑737C1) through 4) apply.

D.    Number of F/As: 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.    F/A: § 135.107. In the OPSS “Maintain Operator Data—Aircraft, Flight Attendant” column enter 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 with OpSpec A003 for part 135.

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 (SEL), Single‑Engine Sea (SES), Multiengine Land (MEL), Multiengine Sea (MES), and helicopter (HEL).

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 “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 the 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 that permit less than the required management positions, leave the positions that are not filled blank. Enter “NA” for “not applicable” for single‑pilot operators and single pilot in command (PIC) 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, Section 1, paragraph 3‑37B.

C.    Required Management and Technical Personnel Positions.

1)    Title 14 CFR part 119, § 119.65 requires management and technical personnel positions for certificate holders operating under 14 CFR part 121 (i.e., Director of Safety (DOS), Director of Operations (DO), chief pilot, Director of Maintenance (DOM), chief inspector).
2)    Section 119.69 requires management and technical personnel positions for certificate holders operating under 14 CFR part 135 (i.e., DO, chief pilot, DOM).
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 who 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 information shown in subparagraph D1) below for evaluation:

1)    Management Deviation Request Contents.
a)    Full certificate name including doing business as (DBA) of the requesting entity (e.g., 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., Continental United States (CONUS), domestic) authorized;
g)    Statement of operations authorized (e.g., single 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 that 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)    DOS Position. Each certificate holder that conducts operations under part 121 must have a DOS. 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 DOS functions may be an additional function of a current manager. Any request for a management deviation involving a DOS position must be approved by the Air Transportation Division (AFS‑200).

NOTE:  Requests for one individual to fill this position for more than 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.    DO/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 DO, assistant chief pilot, general manager). Experience involving operational control may also be acceptable (e.g., supervisory aircraft dispatcher, supervisory flight follower).

2.    Comparable Experience. 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.    Unacceptable Experience. All acceptable, comparable experiences added together must equal the required 3 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.    Months of Experience. 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.    DOM 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, including:

·    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 (CASS);

·    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 (QC), or quality assurance (QA) functions within a maintenance or inspection program, including

·    The inspection program policy and procedures;

·    Responsibility for airworthiness;

·    Inspection organization;

·    QA 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 DO), 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 DOM 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. Deviation authority in § 119.71(f) extends the accountability for granting or denying deviations from this section to the AFS-200 division manager and the Aircraft Maintenance Division (AFS-300) division manager.
a)    A certificate holder may request a deviation through the assigned principal inspectors (PI). If the CHDO approves the deviation, the endorsement is then forwarded to the regional Flight Standards division (RFSD) for concurrence.
b)    The request to employ a person who does not meet the appropriate airmen experience requirements, managerial experience requirements, or supervisory experience requirements of this section will be reviewed by the AFS-200 or AFS-300 division manager, as appropriate.
c)    If the division manager finds, after consideration is given to the size and scope of the operation, that the person’s qualifications and experience are comparable with the sought after position, a deviation may be granted under § 119.71(f). The Administrator may, at any time, terminate any grant of deviation authority issued under this paragraph.
d)    AFS‑200 and/or AFS‑300, as appropriate, will return the package to 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 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.

3-741    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, email 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 email address, a facsimile number may be entered in the email 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 email 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 Enhanced Vital Information Database (eVID).

3-742    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.

3-743    OPSPEC/MSPEC/LOA A009, AIRPORT AERONAUTICAL DATA; MSPEC A009, AERONAUTICAL DATA.

A.    General. Airport aeronautical data is required for 14 CFR parts 91, 91 subpart K (91K), 121, 125 (including part 125 Letter of Deviation Authority (LODA) holders), and 135 operations. In addition, there are requirements contained in part 91, § 91.103 for pilots to become familiar with airport conditions. Airport aeronautical data includes systems that are used by certificate holders, pilots, dispatchers (part 121 domestic and flag operations), and operational control personnel. Airport aeronautical data is required to determine aircraft performance capability at each airport. Principal operations inspectors (POI) authorize a certificate holder’s use of airport aeronautical data in OpSpec A009. Airport aeronautical data includes, but is not limited to:

·    Aeronautical charts (including navigational en route, terminal area, and instrument approach procedure charts);

·    Airport and runway analysis;

·    Airport Facility Directory (AFD) information;

·    Aeronautical Information Publication (AIP) for foreign airports; and

·    Notices to Airmen (NOTAM).

1)    Part 91K Requirements. Part 91K, §§ 91.1033 and 91.1037 contain requirements that can only be met through the use of airport aeronautical data. Part 91K does not require the data to be FAA approved. However, the program manager’s use and system of distribution of airport aeronautical data must be authorized in MSpec A009.
2)    Part 121 Requirements. Part 121, §§ 121.97 and 121.117 require part 121 operators to have an FAA‑approved system for obtaining, maintaining, and distributing airport aeronautical data.
3)    Part 125 Requirements. Part 125, § 125.49 contains airport requirements that can only be met through the use of airport aeronautical data. Part 125 does not require the data to be FAA approved. However, certificate’s and LODA holder’s use and system of distribution of airport aeronautical data must be authorized in OpSpec/LOA A009.
4)    Part 135 Requirements. Part 135, §§ 135.23(r), 135.83, 135.229 and part 135 subpart I contain requirements that can only be met through the use of airport aeronautical data. Part 135 does not require the data to be FAA approved. However, a certificate holder’s use and system of distribution of airport aeronautical data must be authorized in OpSpec A009.

B.    Additional Guidance. Additional guidance regarding airport aeronautical data requirements for parts 121 and 135 is contained in Volume 3, Chapter 25, Section 1. Information on NOTAM is contained in Volume 3, Chapter 26, Section 6. Information on aircraft performance data is contained in Volume 4, Chapter 3.

C.    Enter Information into A009. Describe or reference the certificate holder’s/program manager’s system of disseminating airport aeronautical data in the text box provided in OpSpec/MSpec/LOA in A009. Include specific references to the section(s) of the certificate holder’s/program manager’s manual that contains the description of the system(s) it uses to obtain and disseminate airport aeronautical data. 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. Narrative descriptions must provide sufficient information to describe the system, and how it is used to obtain, maintain, and distribute required airport aeronautical data.

OPSPEC/MSPEC A010, AVIATION WEATHER INFORMATION.

A.    General. Title 14 CFR contains general regulatory requirements for certificate holders and program managers who conduct operations in accordance with 14 CFR parts 91 subpart K (part 91K), 121, and 135 to use specific sources for obtaining weather reports and forecasts for the purpose of controlling flight movements (operations). OpSpec/MSpec A010 is the method whereby the Administrator approves a certificate holder or program manager to use a particular source of aviation weather reports and forecasts, including those involving adverse weather phenomena.

B.    Additional Guidance. Guidance regarding the specific regulatory requirements for aviation weather for parts 91K, 121, 125, and 135 can be found in Volume 3, Chapter 26, Sections 1 thru 4. Principal operations inspectors (POI) with oversight responsibility of these program managers and certificate or Letter of Deviation Authority (LODA) holders must review this additional guidance prior to issuing or amending OpSpec/MSpec/LOA A010.

C.    Title 14 CFR Parts 91K and 135. Sections 91.1039 and 135.213 (as applicable) require program managers conducting part 91K operations and certificate holders conducting part 135 operations to use sources such as the National Weather Service (NWS) for weather facilities or for weather reports and forecasts. These regulations also allow program managers and certificate holders to use weather sources approved by the Administrator.

1)    A010 Subparagraph a. Subparagraph a of A010 automatically lists the NWS and sources approved by the NWS. POIs may instruct certificate holders and program managers to include a breakdown of each NWS approved source in the certificate holder’s/program Operations Manual in accordance with the requirements of §§ 91.1025(n), 91.1025(o), and 135.23(r), as applicable.
2)    A010 Subparagraph b. Subparagraph b of A010 contains a list from which the POI may select each weather source approved by the Administrator. Weather sources approved by the Administrator are outlined in Volume 3, Chapter 26, Section 2, Regulatory Sources of Aviation Weather Information and Aviation Weather Information Systems—Parts 91K, 121, and 135. To select a weather source, place a check mark in the appropriate box. Only the selected weather sources will display when the template is issued. If a certificate holder or program manager desires to use a weather source (e.g., a Commercial Weather Information Provider (CWIP)) that is not available for selection in the A010 template, POIs must review Volume 3, Chapter 26 Section 2, paragraphs 3-2075 and 3-2076 to determine whether the certificate holder is required to have an Enhanced Weather Information System (EWINS) or approval from the Air Transportation Division, (AFS-200) in lieu of an EWINS. Any text entered into the nonstandard/optional text (Text 99) box, requires prior approval from AFS-200. (See Volume 3, Chapter 18, Section 2, paragraphs 3-712 and 3-713).

D.    Part 121.

1)    Part 121 Domestic and Flag Operations. Section 121.101 requires certificate holders conducting part 121 domestic and flag operations to use certain weather sources depending on where a flight is operating (i.e., outside or inside of the United States). OpSpec A010 lists the part 121 domestic and flag regulatory requirements and contains a text box and tables where POIs will enter information regarding the weather sources that are approved by the Administrator. Any text entered into the nonstandard/optional text (Text 99) box requires prior approval from AFS-200 (See Volume 3, Chapter 18, Section 2, paragraphs 3-712 and 3-713).
a)    A010 Subparagraph b(1). Subparagraph b(1) of OpSpec A010 automatically lists the NWS or a source approved by the NWS as the source for weather reports within the 48 contiguous United States and the District of Columbia. POIs may instruct certificate holders to include a breakdown of each NWS approved source in the certificate holder’s operations manual in accordance with the requirements of § 121.135(a)(4).
b)    A010 Subparagraph b(2). Subparagraph b(2) of A010 contains a list from which the POI may select each weather source approved by the Administrator. Weather sources approved by the Administrator are outlined in Volume 3, Chapter 26, Section 2. To select a weather source, place a check mark in the appropriate box. Only the selected weather sources will display when the template is issued. If a certificate holder desires to use a weather source (e.g., a CWIP) that is not available for selection in the A010 template, POIs must review Volume 3, Chapter 26 Section 2, paragraphs 3-2075 and 3-2076 to determine whether the certificate holder is required to have an EWINS or approval from AFS‑200 in lieu of an EWINS. Any text entered into the nonstandard/optional text (Text 99) box, requires prior approval from AFS-200. (See Volume 3, Chapter 18, Section 2, paragraphs 3‑712 and 3-713).
c)    A010 Subparagraph b(3), Table 1, Adverse Weather Phenomena Reporting and Forecast System. In accordance with § 121.101(d), certificate holders conducting part 121 domestic and flag operations are required to have an FAA-approved system of obtaining reports and forecast of adverse weather phenomena. POIs will list each weather source (provider) the certificate holder is approved to use in its adverse weather phenomena reporting and forecast system in the first column of Table 1 in OpSpec A010. POIs will enter the name of the certificate holder’s manual containing the approved adverse weather phenomena reporting and forecast system along with the date of initial approval and the date of the latest revision (when issued) into the remaining columns of Table 1. More detailed information on adverse weather phenomena reporting and forecast systems is located in Volume 3, Chapter 26, Section 3. POIs must review this information prior to approving an adverse weather phenomena reporting and forecast system. If a certificate holder is authorized to use an EWINS as a means of satisfying the regulatory requirement to have an FAA-approved adverse weather phenomena reporting and forecast system, POIs may select “See Table 2” in the first column provided in A010 Table 1. There is also a help icon (Click for help) for this table in WebOPSS.
d)    A010 Subparagraph b(4). Subparagraph b(4) of OpSpec A010 simply reflects the regulatory requirement of § 121.101(c) for certificate holders to use weather forecasts that are prepared from the weather reports prescribed in subparagraphs b(1), b(2), and b(3) of A010.
2)    Part 121 Supplemental Operations. Section 121.119 requires certificate holders conducting supplemental operations to use certain sources of weather information depending on where a flight is operating. A010 lists the part 121 supplemental regulatory requirements and contains a text box and a table where POIs will enter information regarding the weather sources that are approved by the Administrator. Any text entered into the nonstandard/optional text (Text 99) box requires prior approval from AFS-200 (See Volume 3, Chapter 18, Section 2, paragraphs 3-712 and 3-713).
a)    A010 Subparagraph c(1). Subparagraph c(1) of OpSpec A010 automatically lists the U.S. NWS or a source approved by the Weather Bureau (The Weather Bureau is represented by the NWS) as the source for weather reports within the United States. POIs may instruct certificate holders to include a breakdown of each NWS approved source in the certificate holder’s operations manual in accordance with the requirements of § 121.135(a)(4).
b)    A010 Subparagraph c(2). Subparagraph c(2) of OpSpec A010 contains a list from which the POI may select each weather source approved by the Administrator. Weather sources approved by the Administrator are outlined in Volume 3, Chapter 26, Section 2. To select a weather source, place a check mark in the appropriate box. Only the selected weather sources will display when the template is issued. If a certificate holder desires to use a weather source (e.g., a CWIP) that is not available for selection in the A010 template, POIs must review Volume 3, Chapter 26 Section 2, paragraphs 3-2075 and 3‑2076 to determine whether the certificate holder is required to have an EWINS or approval from AFS-200 in lieu of an EWINS. Any text entered into the nonstandard/optional text (Text 99) box, requires prior approval from AFS-200. (See Volume 3, Chapter 18, Section 2, paragraphs 3-712 and 3-713).
c)    A010 Subparagraph c(3). Subparagraph c(3) of OpSpec A010 simply reflects the regulatory requirement of § 121.119(b) for certificate holders to use weather forecasts that are prepared from the weather reports prescribed in subparagraphs c(1) or c(2) of A010.

E.    Approval to Use an EWINS—Parts 91K, 121, and 135. When a part 91K program manager or part 121 or 135 certificate holder is approved to use an EWINS, POIs will list each approved weather source used by the certificate holder/program manager as part of its EWINS in the first column of the EWINS table (Table 1 for parts 91K and 135; Table 2 for part 121) contained in OpSpec/MSpec A010. POIs will enter the name of the manual containing the EWINS, the date of initial approval of the EWINS, and the date of the latest revision of the EWINS (when issued) in the remaining columns of the EWINS table. If EWINS is not authorized, POIs will enter “N/A” in the first column of the EWINS table. There is also a help icon (Click for help) for this table in WebOPSS. More detailed information on EWINS is located in Volume 3, Chapter 26, Section 4. POIs must review this guidance prior to approving an EWINS or EWINS source (provider).

F.    Part 125. Part 125 does not contain any requirements for specific sources for aviation weather information. If a certificate or LODA holder, or the POI wishes to exercise the option of listing sources of aviation weather information in OpSpec/LOA A010, the POI may list each weather source in the text box provided in the template. Otherwise, the POI may simply list “N/A” in the text box provided. Additional guidance regarding the weather requirements of part 125 can be found in Volume 3, Chapter 26. The OpSpec/LOA A010 templates for part 125 operations do not contain an EWINS table.

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.

3-744    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. OpSpec A012 is the method that the Administrator uses to grant this authorization.

B.    Applicability. A012 is an optional OpSpec that is applicable to part 121 certificate holders who hold economic authority and are authorized in OpSpec 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 A012:

1)    The origin and destination airports must be listed in the certificate holder’s OpSpec C070 as a regular, provisional, or refueling airport. Although 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. The territorial limits of the 48 contiguous United States include the territorial waters of those States. The National Oceanic and Atmospheric Administration (NOAA) defines territorial waters as being 12 NM from the baseline of the State. Title 14 CFR part 1 contains a definition of the United States which includes the territorial waters and the airspace within.
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 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 OpSpecs 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 A012 template in the Web‑based 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 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.”

3-745    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.

3-746    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.

3-747    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.

3-748    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 flightcrew member 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 flightcrew members 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 flightcrew member manual or document readily available to flightcrew members 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, SUPPLEMENTAL OPERATIONS BY A CERTIFICATE HOLDER AUTHORIZED TO CONDUCT DOMESTIC OR FLAG OPERATIONS.

A.    General.

1)    A030 is an optional OpSpec that authorizes a 14 CFR part 121 certificate holder to conduct supplemental operations between airports listed for scheduled operations in that certificate holder’s OpSpec C070. Principal operations inspectors (POI) may issue A030 to a certificate holder who is authorized in OpSpec A001 to conduct the following types of operations:

·    Domestic and supplemental.

·    Flag and supplemental.

·    Domestic, flag, and supplemental.

2)    POIs may not issue A030 to a certificate holder who is only authorized to conduct supplemental operations because such a certificate holder is not issued an OpSpec C070. Thus, the certificate holder would be required to operate under supplemental rules at all times.

B.    Authorizations.

1)    Conducting Supplemental Operations in Accordance with Domestic or Flag Rules to Airports Listed in C070. OpSpec A030 subparagraph b authorizes a certificate holder with domestic and/or flag authority to conduct supplemental operations using domestic or flag rules, as applicable, between the regular, provisional, and refueling airports listed in the certificate holder’s OpSpec C070. A030 may not be applied to airports listed solely as alternate airports.
2)    Conducting Supplemental Operations in Accordance with Supplemental Rules to Airports Listed in C070. OpSpec A030 subparagraph c authorizes a certificate holder with domestic and/or flag authority to conduct supplemental operations between the airports listed in the certificate holder’s C070 under supplemental rules.
3)    Optional Nonstandard Provisions. OpSpec A030 contains a field in which POIs can enter optional/nonstandard text. This field is commonly referred to as “TEXT99.” POIs may not issue nonstandard text to OpSpec A030 without obtaining prior approval from the Air Transportation Division (AFS-200).

OPSPEC/MSPEC/LOA A031, OUTSOURCED TRAINING: 14 CFR PART 91K, CONTRACT TRAINING; 14 CFR PARTS 121 AND 135, ARRANGEMENTS WITH TRAINING CENTERS, AIR AGENCIES, AND/OR OTHER ORGANIZATIONS FOR CERTIFICATE HOLDER TRAINING; 14 CFR PART 125, FLIGHT CREWMEMBER REQUIREMENTS; 14 CFR PART 125 LETTER OF DEVIATION AUTHORITY (LODA A125) HOLDERS.

A.    General. OpSpec/MSpec/LOA A031 authorizes a certificate holder/operator/program manager to enter into a contract with an outside training organization to conduct the training, testing, and/or checking of crewmembers (pilots, flight engineers, and Flight Attendants (F/A)), aircraft dispatchers (part 121 domestic and flag), or other persons authorized to exercise operational control (part 121 supplemental) required by the applicable 14 CFR part. As detailed below, a contracted training organization may be another certificate holder, 14 CFR part 142 training center, program manager, or a training center not certificated under part 142.

1)    Part 91K. In accordance with part 91, § 91.1075, a program manager may only contract with another part 91K program manager, a part 121 or part 135 certificate holder, a part 142 training center, or a training center not certificated under part 142 to conduct the training, testing, and/or checking required by part 91K.
2)    Part 121. In accordance with part 121, § 121.402, a part 121 certificate holder may only contract with another part 121 certificate holder or a part 142 training center to conduct the training, testing, and/or checking required by part 121.
3)    Part 125. In accordance with part 125, § 125.296, part 125 certificate holders and part 125 Letter of Deviation Authority (LODA) holders may only contract with a part 142 training center to conduct the training, testing, and/or checking required by part 125.
4)    Part 135. In accordance with part 135, § 135.324, a part 135 certificate holder may only contract with another part 135 certificate holder or a part 142 training center to conduct the training, testing, and/or checking required by part 135.

B.    Applicability. LOA A031 is mandatory for part 125 LODA holders. OpSpec/MSpec A031 is optional for parts 91K, 121, 125, and 135 certificate holders/program managers.

C.    Limitations and Provisions—Parts 91K, 121, and 135. A certificate holder or program manager must comply with the following limitations and provisions to operate under the authority granted by OpSpec/MSpec A031. The certificate holder/program manager must:

1)    Ensure that all arrangements made with each training organization are fully compliant with the certificate holder/program manager’s OpSpecs/MSpecs, the certificate holder/program manager’s approved training program, and the CFRs.
2)    Ensure that each contracted training organization conducts all training, testing, and/or checking in accordance with the certificate holder/program manager’s applicable 14 CFR part and approved training program.
3)    Ensure that each contracted training organization has adequate facilities, equipment, competent personnel, and an organizational structure to support the training, testing, and/or checking in accordance with the certificate holder/program manager’s approved training program.
4)    Have a program or method outlined in the approved training program that enables the certificate holder/program manager to detect, identify, and implement timely corrective action for all deficiencies detected in the training, testing, and/or checking provided by each training organization.
5)    Ensure that each contract instructor, contract check pilot, and contract flight engineer conducting training, testing, and/or checking of the certificate holder/program manager’s personnel is trained, qualified, and authorized to conduct the appropriate training, testing, and/or checking in accordance with the certificate holder/program manager’s applicable 14 CFR part and approved training program.
6)    Ensure that its aircraft configuration(s) and FAA‑approved procedures are effectively supported by each training organization’s equipment, training, testing, and/or checking. Additionally, the certificate holder/program manager must ensure that differences between its equipment and the training organization’s equipment are addressed by conducting appropriate differences training.

D.    Additional Limitations and Provisions—Part 91K. Part 91K program managers must also conduct a review and audit of each training agreement and organization at least once every 2 calendar‑years from the date shown in the audit date column of Table 1 of A031. This review and audit must include an evaluation of the items listed in subparagraphs C1) through 6). Each audit with evaluation must be submitted to the program manager’s principal operations inspector (POI) no later than the last business‑day of the month following the due month. The date of the most recent audit must be entered into Table 1 of MSpec A031.

E.    Additional Limitations and Provisions—Parts 121 and 135. Parts 121 and 135 certificate holders must also:

1)    Conduct a standardization review of each training organization and provide the results of this review to the certificate holder’s POI. A satisfactory standardization review must be submitted to the POI prior to the issuance of OpSpec A031 and the beginning of contract training, testing, and/or checking. (A sample standardization review is located in the Web‑based Operations Safety System (WebOPSS) “Guidance” for OpSpec A031.)
2)    Conduct initial and recurring audits of each training agreement and organization. Each audit must include an evaluation of the items listed above in subparagraphs C1) through 6), including an in‑person evaluation of actual training, testing, and/or checking being conducted by the training organization for the certificate holder’s crewmembers and/or aircraft dispatchers. The first audit must be completed and submitted to the POI within 60 days of the commencement of contract training, testing, and/or checking. Recurrent audits must be completed at least once every 24 calendar‑months and submitted to the POI no later than the last business‑day of the month following the due month. The date of the most recent audit must be entered into Table 1 of OpSpec A031. (A sample audit is located in the WebOPSS “Guidance” for OpSpec A031.)
3)    Permit and facilitate access to its aircraft and cockpits by employees of each training organization for the purpose of maintaining their line‑performance/line‑observation currency as contract instructors and/or contract check pilots.

F.    Additional Information. More detailed information regarding contracting with a part 142 training center can be found in Volume 3, Chapter 54, Section 5. POIs must review this information prior to issuing OpSpec/MSpec/LOA A031. POIs should refer to the A031 Job Aid contained in the WebOPSS “Guidance” for proper completion of Table 1.

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 flightcrew member’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.

3-749    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 flightcrew members, flight followers, ground operations personnel, and management personnel to use when conducting operations under ground icing conditions. This description should include the functions, duties, responsibilities, instructions, and procedures to be used.

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

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

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

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

ii.    Procedures for ground crew and flightcrew to communicate:

·    During aircraft positioning, (if required),

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

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

·    The aircraft departure process from the deicing area, and

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

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

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

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

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

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

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

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

·    Wings, empennage, and control surfaces.

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

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

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

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

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

ii.    The surface must be unheated.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

iii.    Aircraft‑specific procedures.

iv.    Communications between ground personnel and the flightcrew.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

·    Loss of lift (F),

·    Increased drag and weight (F),

·    Decreased control (F),

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

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

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

·    Aircraft specific areas: (F/G),

·    Engine foreign object damage potential,

·    Ram air intakes,

·    Instrument pickup points,

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

·    Airworthiness Directives (AD)/specific inspections, and

·    Winglets.

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

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

·    Frost, including hoarfrost (F).

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

·    Freezing fog (F).

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

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

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

·    Fluid failure identification (F/G).

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

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

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

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

vi.    Characteristics and capabilities of fluids used (F/D/G).

·    General fluid descriptions (F/G),

·    Composition and appearance (F/G),

·    Differences between Type I and Type II/IV deicing/anti‑icing fluids(F/G),

·    Purpose for each type (F/G),

·    Deicing fluids (F/G),

·    Anti‑icing fluids (F/G),

·    De/anti‑icing fluids capabilities (F/G),

·    Approved deicing/anti‑icing fluids for use (SAE, ISO, etc.) (F/G),

·    Fluid‑specific information provided by fluid or aircraft manufacturer (F/G),

·    Fluid temperature requirements (hot vs. cold) (F/G),

·    Properties associated with infrared deicing/anti‑icing (F/G),

·    Health, safety, and first aid (F/G),

·    Environmental considerations (G),

·    Fluid selection (F/G), and

·    Unusual flying qualities, such as the need for additional takeoff rotation
stick‑force (F).

vii.    Methods/Procedures (F/G).

·    Inspection of critical surfaces,

·    Clear ice precautions,

·    Flightcrew/groundcrew preflight check requirement,

·    Deicing/anti‑ice determination,

·    Deicing/anti‑ice location,

·    Communication before deicing/anti‑icing,

·    General deicing/anti‑ice precautions,

·    Aircraft specific requirements,

·    Deicing:

·    Requirements,

·    Effective removal of frost, snow, and ice.

·    Anti‑icing:

·    Requirements

·    Preventative anti‑icing,

·    Application,

·    Deicing/anti‑icing:

·    One step,

·    Two step,

·    Guidelines for the application of deicing/anti‑icing fluids,

·    Post deicing/anti‑icing checks requirement,

·    Flight control check, and

·    Communications after deicing/anti‑icing.

viii.    Use of HOTs (F/G).

·    Definition of HOT;

·    When HOT begins and ends;

·    Limitations and cautions associated with the use of HOTs;

·    Source of HOT data;

·    Relationship of HOT to particular fluid concentrations and for different types of fluids;

·    Precipitation category (e.g., fog, drizzle, rain, or snow);

·    Precipitation intensity;

·    How to determine a specific HOT from the HOT range that accounts for moderate or light weather conditions; and

·    Adjusting HOT for changing weather conditions.

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

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

xi.    Aircraft Surface Contamination Recognition (F/G).

3)    Confirmation of Service Provider Qualification. The operator must have procedures for the flightcrew to determine that ground de/anti‑icing service providers are providing their service under a current approved § 121.629 aircraft ground deicing program. These procedures must include a regular check, by the operator, to ensure the currency of the service providers continued approval status under § 121.629. The flightcrew instructions must be clear that if the service provider’s approval under § 121.629 cannot be assured that the HOT tables revert to being advisory information only and a pretakeoff contamination check per the applicable procedures must be performed.
4)    Recording Requirements. The operator’s plan must include procedures for the recording of the location that de/anti‑icing was performed, the name of the provider, the type of fluid and mixture used, the final fluid application start time, and the takeoff time. This record may be included as part of an existing record requirement (example: aircraft discrepancy log). This record must be retained and made available to the FAA upon request for a period of at least 12 calendar‑months.

OPSPEC A042, TITLE 14 CFR PART 125/135 AIRPLANE OPERATIONS WITHOUT A DEICING/ANTI ICING PROCEDURE WHEN GROUND ICING CONDITIONS DO NOT EXIST. If a part 125 or 135 operator chooses to operate without a pre takeoff contamination check as required by part 125, § 125.221 and part 135, § 135.227, or without a part 121, § 121.629(c) program, then principal inspectors may only authorize them to operate when ground icing conditions do not exist by issuing OpSpec A042. See Volume 3, Chapter 27, Ground Deicing/Anti‑Icing Programs, for guidance on approving a ground deicing/anti icing program.

MSPEC A043, AFFILIATE PROGRAM MANAGERS. MSpec A043 allows fractional owners to use program aircraft operated by the program manager’s affiliate’s program. The program manager certifies to the Administrator that the affiliate program manager listed in MSpec A043 meets the requirements of part 91 subpart K.

OPSPEC A044, (PART 133 DATABASE ONLY) CLASS D OPERATIONS INVOLVING CARRIAGE OF PERSONS. (TBD)

OPSPEC A045, SUBSTITUTE SCHEDULED SERVICE AS A SUPPLEMENTAL OPERATOR. (TBD)

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 email addresses for use in employee flight deck jump seat eligibility and employment status verification?

Yes/No

 

2.d.

FDAR ‑ Email?

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 email 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 email addresses for use in employee flight deck jump seat eligibility and employment status verification?

Yes/No

 

3.

Does the certificate holder’s procedures assign responsibility to the Director of Operations for:

 

 

3.a.

Completion of an initial audit to confirm accuracy of employee records used under this operations specification authorization?

Yes/No

 

3.b.

Completion of recurring audits to confirm accuracy of employee records used under this operations specification authorization at least once every 12 months?

Yes/No

 

3.c.

Updating any and all employee status changes of the employee records used in accordance with this authorization within 12 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 flightcrew members. 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.

NOTE:  NextGen Tracking. Applications for approvals for this paragraph must be entered in the Regional NextGen Tracker as indicated in the General Procedures Section (Volume 3, Chapter 1, Section 1).

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 management 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.

NOTE:  NextGen Tracking. Applications for approvals for this paragraph must be entered in the Regional NextGen Tracker as indicated in the General Procedures Section (Volume 3, Chapter 1, Section 1).

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 A117, USE OF ONBOARD FLIGHTCREW MEMBER REST FACILITIES.

A.    Background. This paragraph provides guidance for preparing OpSpec A117, Use of Onboard Flightcrew Member Rest Facilities. Under the limits of 14 CFR part 117, the airplane used must be equipped with onboard flightcrew member rest facilities any time a flightcrew member is conducting augmented operations. The class of rest facility used is an essential element in determining the maximum length of the flightcrew member’s flight duty period (FDP).

B.    Part 117 Rest Facility Classifications. Part 117, § 117.3 prescribes three classes of onboard flightcrew member rest facilities and includes design criteria and specifications for each classification. The FAA evaluates onboard flightcrew member rest facilities and determines their qualification in accordance with part 117 requirements. Information regarding evaluation and qualification of onboard rest facilities is contained in Volume 3, Chapter 58, Section 3, and the current edition of Advisory Circular (AC) 117-1, Flightcrew Member Rest Facilities. Section 117.3 defines the three classes of onboard flightcrew member rest facilities as follows:

1)    Class 1 Rest Facility. A Class 1 rest facility is a bunk or other surface that allows for a flat sleeping position and is located separately from both the flight deck and passenger cabin, in an area that is temperature controlled, allows the flightcrew member to control light, and provides isolation from noise and disturbance.
2)    Class 2 Rest Facility. A Class 2 rest facility is a seat in an aircraft cabin that allows for a flat or near-flat sleeping position, is separated from passengers by a minimum of a curtain to provide darkness and some sound mitigation, and is reasonably free from disturbance by passengers or flightcrew members.
3)    Class 3 Rest Facility. A Class 3 rest facility is a seat in an aircraft cabin or flight deck that reclines at least 40 degrees and provides leg and foot support.

C.    OpSpec A117 Must be Issued Prior to any Augmented Flightcrew Operations. A certificate holder must be issued A117 prior to conducting any augmented flightcrew member operations in accordance with the FDP limits prescribed in Table C of part 117 (Flight Duty Period: Augmented Operations). When issued, A117 serves as the source document identifying each of the certificate holder’s airplanes having qualified onboard flightcrew member rest facilities. OpSpec A117 lists each onboard facility by aircraft, class, number of sleep surfaces, and the date of qualification.

D.    Rest Facility Technical Report. In accordance with the requirements of Volume 3, Chapter 58, Section 3, qualification of a Class 1 rest facility is accomplished by the Aircraft Evaluation Group (AEG). A principal operations inspector (POI) will qualify a Class 2 or 3 rest facility. Regardless of who is conducting the qualification, certificate holders seeking rest facility qualification must provide the POI with a copy of a rest facility technical report containing the pertinent data for the rest facilities being qualified. The certificate holder’s technical report should contain a list of each of their airplanes having rest facilities (by make, model, and series (M/M/S), registration, and serial number) that correspond to the installation approval source for that class of rest facility. This data will be instrumental in assisting the POI with preparing and/or updating the certificate holder’s OpSpec A117. The rest facility technical report data must include:

1)    The installation approval for each rest facility to be qualified, such as the type certificate (TC) approval, the Supplemental Type Certificate (STC) Designated Engineering Representative (DER) approval, or another acceptable means of approval; and
2)    A list of airplanes by registration and serial number, M/M/S, classification of rest facility to be qualified, installation approval for the rest facility, and the number of sleep surfaces installed under that classification.

E.    Preparing and Issuing the Certificate Holder’s OpSpec A117. Using the airplane and rest facility data contained in the technical report, the POI will insert the required data into Table 1 of the certificate holder’s OpSpec A117, identifying each of the certificate holder’s airplanes by M/M/S, registration and serial number, class of rest facility, qualification date, and the number of sleep surfaces. When populating Table 1 of OpSpec A117, enter the following data into the appropriate section of the Table:

·    The registration number of the airplane;

·    The serial number of the airplane;

·    The M/M/S number of the airplane;

·    The classification of rest facility;

·    The number of sleep surfaces installed in this airplane under the qualified rest facility classification; and

·    The date the rest facility was qualified.

F.    Downgraded Rest Facility Classification. With the exception of a rest facility that is properly deferred in accordance with the certificate holder’s FAA-approved minimum equipment list (MEL), any time it is determined that a certificate holder’s rest facility no longer meets its qualified classification, the rest facility must be downgraded to a lower classification. In this case, the airplane must be removed from the certificate holder’s OpSpec A117 until such time as the airplane’s rest facility is requalified to a lower classification. A certificate holder may not use an airplane that does not have a properly qualified rest facility in any operation requiring an augmented flightcrew. Once the airplane has been requalified to a lower classification, the airplane and its new qualification data must be appropriately inserted into the certificate holder’s OpSpec A117.

G.    Modified or Altered Rest Facility. In the event the FAA determines that a modification or alteration to a rest facility does not meet the classification previously qualified, that rest facility may be evaluated to a different (lower) classification, if applicable. If the FAA determines that the rest facility does not meet any of the three classifications, that airplane may not be used for augmented flightcrew operations. If it is determined that the rest facility does not meet any of the three classifications, or if a rest facility loses its qualification, the POI must remove the airplane from the certificate holder’s OpSpec A117.

H.    Upgrading a Rest Facility. A certificate holder may upgrade its rest facility to meet the specifications for a higher rest facility classification. This will require the rest facility to be requalified prior to using the FDP limits applicable for the higher rest facility classification. Upon satisfactory requalification to a higher classification, the certificate holder’s OpSpec A117 must be updated to reflect the newly qualified rest facility the augmented FDP limits for the higher classification.

I.    Requalification of Previously Qualified Rest Facilities. Requalification of a previously qualified rest facility is required when it is determined that it no longer meets the design criteria and specifications for that class of rest facility. The rest facility may be evaluated and qualified to a different (lower) classification such as a Class 1 to a Class 2. If the rest facility is qualified to a different class, the POI must reflect the new classification in the certificate holder’s OpSpec A117. If it is determined that the rest facility does not meet any of the three classifications, the POI must remove the airplane from the certificate holder’s OpSpec A117. A certificate holder may not use an airplane that not listed in its OpSpec A117 to conduct part 117 operations requiring an augmented flightcrew.

OPSPEC/TSPEC A304, FINAL APPROVAL OF AN AIRLINE TRANSPORT PILOT CERTIFICATION TRAINING PROGRAM.

A.    General. A304 is issued only with concurrence from the Air Transportation Division (AFS-200) or the General Aviation and Commercial Division (AFS-800), as applicable, to 14 CFR parts 121, 135, 141, and 142 certificate holders. The authorization indicates final approval to conduct the Airline Transport Pilot (ATP) Certification Training Program (CTP).

B.    Purpose. Completion of the ATP CTP is required by 14 CFR part 61, § 61.156 after July 31, 2014, for those applicants seeking an ATP Certificate with airplane category and multiengine rating prior to taking the knowledge test.

C.    Process to Obtain Authorization. The current edition of Advisory Circular (AC) 61‑138, Airline Transport Pilot Certification Training Program, provides guidance on the minimum curriculum requirements and the process by which the FAA will approve an ATP CTP as required by § 61.156. Volume 3, Chapter 62, Sections 1 and 2, provide detailed instructions on reviewing and approving an ATP CTP.

D.    Issuing OpSpec/TSpec A304. OpSpec/TSpec A304 may only be issued after receiving approval from AFS-200 for part 121 or 135 air carriers and part 142 training centers and from AFS-800 for part 141 pilot schools. Based on the information provided in the program, complete the information required by the tables in A304.

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, AUTOMATIC DEPENDENT SURVEILLANCE‑BROADCAST (ADS‑B) OPERATIONS OUTSIDE OF U.S.‑DESIGNATED AIRSPACE: 14 CFR PARTS 91, 91K, 121, 125, 125M, AND 135 CERTIFICATE HOLDERS/OPERATORS.

NOTE:  NextGen Tracking. Applications for approvals for this paragraph must be entered in the Regional NextGen Tracker as indicated in the General Procedures Section (Volume 3, Chapter 1, Section 1).

A.    Applicability. Automatic Dependent Surveillance-Broadcast (ADS B) is a new system for air traffic surveillance within those areas where the ground infrastructure (ADS B ground station and air traffic communications network) is in place and available. ADS B is expected to play an increasing role in the National Airspace System (NAS) as its capabilities evolve, and is expected to be a key element in improving the use of airspace, improving airport surface surveillance, and enhancing safety. ADS B Out is the capability to send a formatted message that includes elements such as position, altitude, velocity, direction, etc., for use by air traffic in providing air traffic separation services.

B.    General Guidance.

1)    ADS‑B System Description.
a)    ADS‑B is:

1.    Automatic and periodically transmits position, velocity, and other information with no pilot or controller action required for the information to be transmitted;

2.    Dependent on the aircraft position source (e.g., Global Navigation Satellite System (GNSS)/Global Positioning System (GPS);

3.    Used for surveillance services, much like traditional radar; and

4.    Used to broadcast aircraft position and other data to any aircraft or ground station equipped to receive ADS‑B.

b)    The ADS‑B system consists of three elements:

1.    Avionics. Installed aircraft avionics gather, format, and transmit the message elements from the aircraft via a discrete frequency. ADS‑B messages include at least the following elements:

·    Aircraft horizontal position (latitude/longitude).

·    Aircraft barometric altitude.

·    Aircraft identification: the assigned, unique International Civil Aviation Organization (ICAO) 24‑bit address.

·    Flight ID.

·    Special Position Indicator (SPI).

·    Emergency status.

NOTE:  Flight ID, SPI, and the emergency status are the only message elements that can be modified by the flightcrew.

2.    Navigation Source. Position data is typically derived from GNSS/GPS to determine an aircraft’s position.

3.    Ground Stations. The ground infrastructure must be in place to receive and process the message elements from aircraft and to provide the air traffic automation system with the necessary information for air traffic control (ATC) surveillance and separation services.

2)    Application Process.
a)    The FAA Flight Standards Service (AFS) local field office receiving a certificate holder/operator request to conduct ADS‑B operations should inform the applicant of the application process as shown in Figure 3‑67E, Automatic Dependent Surveillance‑Broadcast Application Submittal Process Flowchart.
b)    For operations outside of U.S.‑designated airspace (ADS‑B Out), the nonstandard request process should be used (see subparagraph C):

NOTE:  To obtain the nonstandard authorization A353, the certificate holder/operator and the responsible principal inspector (PI) are required to use the nonstandard request process. See Volume 3, Chapter 18, Section 2, paragraphs 3‑712 and 3‑713 for the nonstandard request process.

c)    The local AFS field office will conduct a review of the applicant’s submitted proposal using applicable guidance contained in subparagraph C and the checklist(s) referenced in subparagraph D. When compliance with all applicable requirements has been demonstrated, the PI will forward the proposal to their regional AFS Next Generation (NextGen) branch for review, as outlined in Figure 3‑67E, along with a memorandum requesting AFS headquarters (HQ) concurrence to issue A353.
d)    The regional AFS NextGen branch reviews the proposal and coordinates resolution of any discrepancies with the submitting PI. Once this coordination is complete, the regional AFS NextGen branch will forward the proposal to the Flight Technologies and Procedures Division (AFS‑400) for coordination with the appropriate AFS HQ policy division(s).
e)    Once AFS HQ determines that the proposal demonstrates compliance to all applicable requirements, the appropriate AFS HQ division will forward a letter of concurrence with the PI’s request for issuance of the authorization to the submitting regional AFS NextGen branch. The regional AFS NextGen branch will send the AFS HQ concurrence to the requesting PI.
f)    Prior to issuance of the A353 authorization by the PI, the certificate holder/operator must comply with any provisions and limitations provided with the AFS HQ concurrence.

NOTE:  To expedite issuance of the authorization, an advanced copy of the letter of concurrence may be sent by the appropriate AFS HQ division via e‑mail to the regional AFS NextGen branch in advance of the official hardcopy.

3)    Applicability. OpSpec/MSpec/LOA A353 is an optional authorization applicable to all certificate holders/operators conducting ADS‑B operations under 14 CFR parts 91, 91 subpart K (part 91K), 121, 125 (including the Letters of Deviation Authority (LODA)), 125 subpart M (part 125M), and 135.

NOTE:  Authorization to conduct ADS‑B Out operations in the airspace defined in § 91.225(c) is not required. Additionally, authorization is not required to use Flight Information Service‑Broadcast (FIS‑B) or Traffic Information Service‑Broadcast (TIS‑B) services for situational awareness (SA) onboard the aircraft.

NOTE:  The compliance date for the Automatic Dependent Surveillance‑Broadcast (ADS‑B) Out Performance Requirements to Support Air Traffic Control (ATC) Service final rule is January 1, 2020 (Registry Identification Number (RIN) 2120‑AI92).

4)    ADS‑B Out (Transmit) Functions. Different avionics packages and suites are available to support ADS‑B Out. The transmission of message elements by ADS‑B‑equipped aircraft is known as ADS‑B Out.
5)    Position Source Dependency.
a)    ADS‑B derives horizontal and vertical position information from the positioning source on the aircraft, which is typically the GNSS/GPS navigation system. This can mean that the accuracy of the ADS‑B system is directly related to the availability of the GPS constellation of satellites. In some installations the altimeter is also used as an added vertical cross‑check referred to as baro‑aiding. The navigation service and the altimeter must be available and of sufficient quality in order to provide the required level of safety to meet air traffic separation services standards. This dependency can become complicated since the operator is not aware, at any moment, what accuracy is being provided to the avionics.
b)    The ADS‑B system is heavily dependent on the continued high performance of the avionics and position source. This dependency requires an operator to ensure that the planned operation can meet the performance requirements for the entire route and time of the flight. For this reason, certificate holders/operators should check the availability of the ADS‑B service and GNSS/GPS (e.g., Notice to Airmen (NOTAM)) to ensure that ADS‑B performance is available.
6)    Air Traffic Separation Services.
a)    Air traffic separation services using ADS‑B enhances operations in several ways. ADS‑B data is provided to ATC at a higher rate than existing radar surveillance, resulting in more accurate position information to the controller. This increased position accuracy enables more efficient and effective use of airspace.
b)    Air traffic separation services using ADS‑B are dependent on the quality and performance of the individual aircraft and the ground system. It is critically important that each piece of the system is operated and maintained in a manner that ensures design performance, supporting the approved safety levels associated with the operation.
7)    Contingency Operations. A failure of any one component of the ADS‑B system requires ATC to “fallback” to procedural separation standards. Therefore, service provider or certificate holder/operator reliance on ADS‑B must be carefully weighed for the contingency operations, which may be required should the ground service, avionics, or positioning source fail.

C.    Automatic Dependent Surveillance-Broadcast (ADS‑B)‑Related Definitions.

1)    ADS‑B. A surveillance system in which an aircraft or vehicle to be detected is fitted with cooperative equipment in the form of a data link transmitter.
a)    The aircraft or vehicle periodically broadcasts its GPS‑derived position and other information such as velocity over the data link, which is received by a ground‑based transmitter/receiver (transceiver) for processing and display at an ATC facility.
b)    ADS-B is a system for airborne or surface aircraft, or other surface vehicles operating within the airport surface movement area, that periodically transmits a state vector and other information.
c)    ADS‑B is a function on an aircraft or surface vehicle operating within the surface movement area that periodically broadcasts its state vector (horizontal and vertical position, horizontal and vertical velocity) and other information. ADS‑B is automatic because no external stimulus is required to elicit a transmission; it is dependent because it relies on onboard navigation sources and onboard broadcast transmission systems to provide surveillance information to other users.
d)    ADS‑B is an advanced surveillance technology where ADS‑B‑Out‑equipped aircraft share position, altitude, velocity, and other information with ATC and other appropriately equipped aircraft.
2)    ADS‑B Out.
a)    The capability of an aircraft or surface vehicle to periodically broadcast its position, velocity, and other information. ADS‑B Out is automatic in the sense that no flightcrew or controller action is required for the information to be transmitted. It is dependent surveillance in the sense that the surveillance information depends on the navigation and broadcast capability of the source.
b)    Transmission of an aircraft’s position, altitude, velocity, and other information to other aircraft and ATC ground‑based surveillance systems.
3)    Extended Squitter (ES). A long message (e.g., format DF=17) that Mode S transponders transmit automatically, without needing to be interrogated by a radar, to announce the own‑ship aircraft’s presence to nearby ADS‑B‑equipped aircraft.
4)    Global Navigation Satellite System (GNSS).
a)    A worldwide position, velocity, and time determination system that includes one or more satellite constellations, receivers, and system integrity monitoring, augmented as necessary to support the RNP for the actual phase of operation.
b)    The generic term for a satellite navigation system, such as GPS, that provides autonomous worldwide geospatial positioning and may include local or regional augmentations.
5)    Global Positioning System (GPS).
a)    A space‑based radio positioning, navigation, and time‑transfer system. The system provides highly accurate position and velocity information, and precise time (on a continuous global basis) to an unlimited number of properly equipped users. The system is unaffected by weather and provides a worldwide common grid reference system. The GPS concept is predicated upon accurate and continuous knowledge of the spatial position of each satellite in the system with respect to time and distance from a transmitting satellite to the user. The GPS receiver automatically selects appropriate signals from the satellites in view and translates these into three‑dimensional position, velocity, and time. System accuracy for civil users is normally 100 meters horizontally.
b)    A space‑based position, velocity, and time system composed of space, control, and user segments. The space segment, when fully operational, will be composed of 24 satellites in 6 orbital planes. The control segment consists of five monitor stations, three ground antennas, and a master control station. The user segment consists of antennas and receiver‑processors that provide positioning, velocity, and precise timing to the user.
c)    A U.S. satellite‑based radio navigation system that provides a global positioning service. The service provided by GPS for civil use is defined in the GPS Standard Positioning System Performance Standard, 4th edition.
6)    International Civil Aviation Organization (ICAO) 24‑bit Address. Address assigned to each aircraft transponder of an ADS‑B transmitter. For aircraft equipped with Mode S transponders, their replies to Traffic Alert and Collision Avoidance System (TCAS) interrogations and their ADS‑B transmissions should use the same 24‑bit address, allowing correlations by Airborne Surveillance and Separation Assurance Processing (ASSAP).
7)    Mode S. A Secondary Surveillance Radar (SSR) system that operates using addressed interrogation on 1030 megahertz (MHz), and the transponder replies on 1090 MHz. Mode S systems interrogate for aircraft identity (Mode A), altitude (Mode C), and other aircraft‑specific information. The aircraft transponder replies with the requested information. Mode S supports a two‑way data link and an ADS‑B service known as ES.
8)    Position Source.
a)    The onboard avionics equipment that provides the latitude, longitude, geometric altitude, velocity, position and velocity accuracy metrics, and position integrity metrics. Additionally, the position source may provide the vertical rate parameters.
b)    Within this OpSpec, the term Receiver Autonomous Integrity Monitoring (RAIM) is a synonym for Aircraft-Based Augmentation System (ABAS) and is used to refer to both RAIM and RAIM‑equivalent algorithms.
9)    Secondary Surveillance Radar (SSR). A radar sensor that listens to replies sent by transponders carried onboard airborne targets. SSR sensors, in contrast to primary surveillance radar (PSR) sensors, require the aircraft under surveillance to carry a transponder.
10)    Surveillance. Detection, tracking, characterization, and observation of aircraft, other vehicles, weather, and airspace status information and phenomena for the purposes of conducting flight operations in a safe and efficient manner. The primary purposes of traffic surveillance (as distinct from all surveillance functionality) are to control the flow of aircraft, to provide SA for pilots and controllers, and to separate aircraft.

D.    ADS‑B Out Operations Outside of U.S.‑Designated Airspace.

1)    Applicability. See subparagraph A.
2)    Background. ADS‑B provides ATC with an alternate means of surveillance in regions where a radar-based system would be impractical (e.g., Gulf of Mexico (GOMEX), mountainous terrain, etc.) or economically viable. ADS‑B allows application of reduced separation standards in these areas and improves the efficiency and safety of operations within the airspace. Currently, ADS‑B provides surveillance coverage in several regions outside of U.S.‑designated airspace, including portions of Australia, Canada, and in the Asia‑Pacific region. Additional ICAO regions and Member States are expected to implement ADS‑B in the future.

NOTE:  As applicable, authorization under OpSpec A353 and a regional authorization (e.g., OpSpec B050) may be necessary to conduct ADS‑B operations in areas outside of U.S.‑designated airspace.

3)    Airworthiness Considerations. The 1090ES message elements represent new or additional requirements for most certificate holders/operators, including identifying and performing regular specific maintenance actions to ensure the continued airworthiness of the ADS‑B equipment with all other interrelated avionics dependencies addressed. Specific checks of all required message elements should be completed on a periodic basis, including the correct functioning of system fault detectors and transmission of the ICAO 24‑bit address assigned to each specific aircraft. It is important for the principal maintenance inspector (PMI) and principal avionics inspector (PAI) to ensure that adequate and specific procedures are in place for these checks.

NOTE:  ADS‑B equipment installed in accordance with AC 20‑165 will be considered to meet the equipment requirements of European Aviation Safety Agency (EASA) Acceptable Means of Compliance (AMC) 20‑24, Certification Considerations for the Enhanced ATS in Non‑Radar Areas using ADS‑B Surveillance (ADS‑B‑NRA) Application via 1090 MHz Extended Squitter, dated February 5, 2008. See AMC 20‑24 for any additional maintenance, operational, and training considerations.

a)    Return to service (RTS) requirements will be incorporated into the instructions for continued airworthiness (ICA) for both the ADS‑B system and all source systems.
b)    Full system‑level testing is required any time the following conditions are met:

1.    The main ADS‑B transponder is replaced.

2.    A source system is disturbed and there is a dedicated input to ADS‑B that cannot be verified by other means (source system test, flight deck display, etc.).

4)    Canada‑Specific Requirements. All U.S. operators wishing to operate in ADS‑B‑designated airspace within Canada must be in compliance with the following requirements (current editions):
a)    EASA AMC 20‑24, Certification Considerations for the Enhanced ATS in Non‑Radar Areas using ADS‑B Surveillance (ADS‑B‑NRA) Application via 1090 MHZ Extended Squitter;
b)    Transport Canada AC 700‑009, Automatic Dependent Surveillance‑Broadcast (ADS‑B), paragraph 6.2, Foreign Air Operators; and
c)    NAV CANADA Aeronautical Information Circular (AIC) 21/09, Air Traffic Flow Management in the Vicinity of Hudson Bay as a Result of Automatic Dependent Surveillance Broadcast Out Implementation, for information related to ATC services supported by ADS‑B.

NOTE:  The certificate holder/operator must provide the appropriate Transport Canada Civil Aviation (TCCA) office or representative with a copy of the FAA‑issued authorization (OpSpec/MSpec/LOA A353), as appropriate. The certificate holder/operator must also submit the unique ICAO 24‑bit aircraft address to NAV CANADA for each aircraft approved for use in ADS‑B‑designated airspace within Canada.

NOTE:  NAV CANADA may accept formats other than octal (i.e., hexadecimal or binary) for the aircraft ICAO 24‑bit address. The certificate holder/operator should coordinate with NAV CANADA for acceptable ICAO 24‑bit address formats.

NOTE:  NAV CANADA maintains an aircraft eligibility list of all aircraft approved for ADS‑B services in Canada. Only aircraft with an authorized registration and/or ICAO 24‑bit address will be provided ADS‑B services.

5)    Australia‑Specific Requirements. All U.S. operators wishing to operate in designated ADS‑B airspace within Australia must be in compliance with the following requirements (current editions):
a)    EASA AMC 20‑24, Certification Considerations for the Enhanced ATS in Non‑Radar Areas using ADS‑B Surveillance (ADS‑B‑NRA) Application via 1090 MHZ Extended Squitter; and
b)    For General Aviation (GA) operators, Civil Aviation Safety Authority (CASA) Civil Aviation Order (CAO) 20.18, Aircraft Equipment—Basic Operational Requirements; or for certificated operators, CASA CAO 82.5, Condition on Air Operators’ Certificates Authorising Regular Public Transport Operations in High Capacity Aircraft.
6)    Asia‑Pacific‑Specific Requirements. All U.S. operators wishing to operate in ADS‑B‑designated airspace within the Asia‑Pacific (outside areas specifically identified previously) must be in compliance with the following requirements (current editions):
a)    Singapore: EASA AMC 20‑24, Certification Considerations for the Enhanced ATS in ADS‑B‑NRA Application via 1090ES; and
b)    Singapore: AIC 14/10, Introduction to Automatic Dependent Surveillance Broadcast (ADS‑B) Out Service within Parts of the Singapore FIR.

NOTE:  The Civil Aviation Authority of Singapore (CAAS) plans to implement ADS‑B operations after 2013 within the Singapore flight information region (FIR). See AIC 14/10 for specific airways that will require ADS‑B.

7)    General ADS‑B Requirements.
a)    Aircraft Flight Manual (AFM) Requirements. The AFM, Aircraft Flight Manual Supplement (AFMS), Airplane Operations Manual (AOM), and/or pilot’s operating handbook (POH), as applicable to the specific operator, must be carried in the airplane at all times when ADS‑B Out equipment is installed in accordance with a type certificate (TC) or Supplemental Type Certificate (STC). The AFM/AFMS/AOM//POH, as applicable, of each aircraft type must contain a statement that the ADS‑B system complies with EASA AMC 20‑24 and if deviations are applicable. Deviations, as stated in AMC 20‑24, may be included or referenced. If the installed ADS‑B system is compliant with AC 20‑165, the appropriate manuals should indicate that the installation meets the equipment requirements of § 91.227. This can be accomplished by adding the following statement to the “General” or “Normal Procedures” section of the flight manual: “The installed ADS‑B Out system has been shown to meet the equipment requirements of 14 CFR § 91.227.”

NOTE:  Aircraft without an FAA‑approved AFM/AFMS may use the certificate holder’s POH to meet the requirements in subparagraph C7)a) following review and concurrence by the local AFS field office PI.

b)    Flight Operations Manual (FOM) or Equivalent Requirements. The certificate holder/operator (as applicable) must submit an FOM bulletin or equivalent to the flightcrews describing ADS‑B to include:

·    ADS‑B system description,

·    Cockpit setup,

·    En route irregular/emergency procedures,

·    Communications,

·    Aircraft statement of compliance to EASA AMC 20‑24, and

·    Authorization (see subparagraph D1)).

c)    Required Flightcrew/Dispatch/Flight Follower Training (as applicable). Before being authorized to use the ADS‑B Out equipment, each member of the flightcrew (including part 91 operators) and the dispatcher/flight follower must have completed an approved training program that includes:

1.    Use of ADS‑B Out equipment,

2.    Specific regional operating practices,

3.    Normal procedures,

4.    Flight planning,

5.    Surveillance phraseology,

6.    Emergency procedures,

7.    Dispatch considerations (as applicable),

8.    Minimum equipment list (MEL) considerations,

9.    Human factors,

10.    Safety considerations,

11.    Equipment limitations, and

12.    Contingency planning.

NOTE:  If the certificate holder/operator outsources or contracts the ADS‑B training to another entity, OpSpec A031 (if applicable) must be issued.

d)    Training Verification. The PI must verify that the certificate holder’s/operator’s training is accomplished and that the AFM or supplements indicate compliance with EASA AMC 20‑24 or AC 20‑165.
e)    Designation of Aircraft. OpSpec/MSpec/LOA A353, as applicable, requires specific designation of the aircraft approved for operations outside of U.S.‑designated airspace. Aircraft make, model, and series (M/M/S), aircraft registration number, and aircraft serial number will be automatically populated to reflect the ADS‑B authorization once the PI has updated the respective operator data/aircraft in the Web‑based Operations Safety System (WebOPSS) to reflect the ADS‑B authorization (see subparagraph D). It is important to ensure that the aircraft M/M/S, registration number, and aircraft serial number for each aircraft is properly recorded.
f)    ICAO Regions of Operation. ADS‑B Out operations conducted by certificate holders are not authorized beyond the areas specified in OpSpec/MSpec B050 (an example of B050 with applicable notes is located in the WebOPSS under the A353 guidance button).
8)    Certification Basis of the Aircraft Avionics. The PI must determine that the certificate holder/operator understands and complies with all limitations and conditions associated with applicable STC requirements, Parts Manufacturer Approvals (PMA), and appropriate AFMSs.
a)    The PMI and PAI will ensure that the ADS‑B system is installed in compliance with the applicable STC or other appropriate aircraft certification requirements and that the certificate holder’s/operator’s maintenance program includes continuing airworthiness and maintenance personnel training requirements.
b)    The POI will review the certificate holder/operator procedures for deferral of inoperative equipment and will coordinate with the PMI and PAI during the evaluation and approval of the certificate holder/operator MEL. The POI will also provide the operator with guidance for revising the existing airplane MEL. The PMI may need to issue or amend OpSpec D095, as appropriate. ADS-B equipment may not be listed as “Administrative Control Items” in the MEL.
c)    The PI must verify that the certificate holder/operator is able to conduct the proposed operations, and validate that the appropriate training manuals, operations manuals, checklists, and operating procedures address ADS‑B operations.
d)    The certificate holder/operator must provide a listing of the aircraft make and model, registration number, serial number, and the make and model of the approved ADS‑B equipment. Once the PI receives concurrence from the appropriate HQ policy division to issue OpSpec/MSpec/LOA A353 (as applicable), the PI shall update the respective operator data/aircraft in WebOPSS to reflect the A353 ADS‑B authorization (see subparagraph D1)).
9)    Application Package. See subparagraph D1).

E.    ADS‑B Information, Checklists, and Contact Information.

1)    For ADS‑B application package checklist(s), training checklist(s), the A353 Authorization WebOPSS job aid, and other reference documents located in the WebOPSS A353 guidance section, see Figure 3‑67D, Sample Application Package Checklist.
2)    To access the reference documents in Figure 3‑67D, move paragraph A353 to the workspace in WebOPSS. Once paragraph A353 is in the workspace, highlight A353 and click on the “Guidance” button at the bottom of the screen.

NOTE:  AFS field office ASIs should make the appropriate application checklists and reference documents available to certificate holders/operators who do not have access to WebOPSS. Inspectors should encourage industry to complete the appropriate application checklist(s) prior to submission. Completion of the application checklist by certificate holders/operators is optional but highly recommended to expedite the application review process.

3)    For additional ADS‑B information, please contact the following:
a)    For general information on operation requirements and procedures, contact AFS‑400 at 202‑385‑4597, or in Lotus Notes at 9‑AWA‑AVS‑AFS‑400‑Flight‑Technologies‑Procedures‑Division/AWA/FAA.
b)    For parts 121 and 135 special authorizations (300‑series OpSpecs/LOAs), contact the Air Transportation Division (AFS‑200) at 202‑267‑8166.
c)    For parts 91, 91K, 125, and 125M special authorizations (300‑series OpSpecs/MSpecs/LOAs), contact the General Aviation and Commercial Division (AFS‑800) at 202‑267‑8212.
d)    For continued airworthiness of ADS‑B systems, contact the Aircraft Maintenance Division (AFS‑300) at 202‑385‑6402.
e)    For certification of ADS‑B systems, contact AIR‑130 at 202‑385‑4630.
f)    For technical questions concerning the Automatic Dependent Surveillance‑Broadcast (ADS‑B) Out Performance Requirements to Support Air Traffic Control (ATC) Service final rule, contact (by mail) the Surveillance and Broadcast Services Program Office, AJE‑6, Air Traffic Organization, FAA, 800 Independence Avenue SW, Washington, DC 20591; or by telephone at 202‑385‑8637.

Figure 3‑67D.  Sample Application Package Checklist

Category

Title

Description

Revision History

Revision History A353, 14 CFR Part 121

This provides a chronological history of changes to the operations specification (OpSpec) paragraph.

FAA Order

Order 8900.1, Volume 3, Chapter 18, Section 3, OpSpec/Management Specification (MSpec)/Letter of Authorization (LOA) A353

Guidance for OpSpec/MSpec/LOA A353, Automatic Dependent Surveillance‑Broadcast (ADS‑B) operations.

Civil Aviation Order

Australian Civil Aviation Safety Authority (CASA) CAO 20.18, Aircraft Equipment—Basic Operational Requirements

Australian CASA’s ADS‑B requirements.

Civil Aviation Order

Australian CASA CAO 82.5, Conditions on Air Operators’ Certificates Authorising Regular Public Transport Operations in High Capacity Aircraft

Australian CASA’s ADS‑B requirements.

Advisory Circular

Transport Canada Advisory Circular (AC) 700‑009, Automatic Dependent Surveillance‑Broadcast (ADS‑B)

Transport Canada AC on ADS‑B.

Advisory Circular

AC 20‑165, Airworthiness Approval of Automatic Dependent Surveillance (ADS‑B) Out Equipment for Operation in the National Airspace System (NAS)

ADS‑B equipment approval for the NAS.

Aeronautical Information Circular

Civil Aviation Authority of Singapore (CAAS) Aeronautical Information Circular (AIC) 14/10, Introduction of Automatic Dependent Surveillance Broadcast (ADS‑B) Out Service within Parts of the Singapore FIR

CAAS’s ADS‑B requirements when operating within the Singapore Flight Information Region (FIR).

Aeronautical Information Circular

NAV CANADA AIC 21/09, Air Traffic Flow Management in the Vicinity of Hudson Bay as a Result of Automatic Dependent Surveillance Broadcast Out Implementation

 

OpSpec/Mspec/LOA

A353 Authorization WebOPSS Job Aid

Job aid on how to create an A353 ADS‑B authorization in WebOPSS.

Other

EASA Acceptable Means of Compliance (AMC) 20‑24, Certification Considerations for the Enhanced ATS in ADS‑B‑NRA Application via 1090ES

 

Other

Sample Application Package Checklist

Sample application package checklist to help FAA field inspectors review submitted ADS‑B Out application packages.

 

 

 

Other

Sample Training Topics Checklist

Sample training topics checklist to help industry and FAA field inspectors develop respective ADS‑B training program.

 

 

 

Other

NAV CANADA ADS‑B Functional Compliance Survey Form

NAV CANADA ADS‑B Functional Compliance Survey form to be completed by certificate holders/operators and remitted to NAV CANADA.

 

 

 

Other

Sample ADS‑B Phraseology

Surveillance phraseology.

Other

ICAO Flight ID—FMC Quick Reference

When conducting ADS‑B operations, ensure the ICAO Flight ID is correctly entered into the flight management computer (FMC).

Figure 3‑67E.  Automatic Dependent Surveillance‑Broadcast Application Submittal Process Flowchart

Figure 3-67E. Automatic Dependent Surveillance-Broadcast Application Submittal Process Flowchart.

Table 3‑23B.  Automatic Dependent Surveillance‑Broadcast‑Related Acronyms

1090ES

1090 MHz Extended Squitter

ADS‑B

Automatic Dependent Surveillance‑Broadcast

ADS‑B‑NRA

Automatic Dependent Surveillance‑Broadcast‑Non‑Radar Area

AFM

Airplane Flight Manual

AFMS

Airplane Flight Manual Supplement

AIM

Aeronautical Information Manual

AMC

Acceptable Means of Compliance

ASSAP

Airborne Surveillance and Separation Assurance Processing

ATC

Air Traffic Control

ATS

Air Traffic Service

EASA

European Aviation Safety Agency

FIR

Flight Information Region

FOM

Flight Operations Manual

GNSS

Global Navigation Satellite System

GPS

Global Positioning System

ICAO

International Civil Aviation Organization

LOA

Letter of Authorization

LODA

Letter of Deviation Authority

MEL

Minimum Equipment List

MHz

Megahertz

M/M/S

Make, Model, and Series

NAS

National Airspace System

NextGen

Next Generation Air Transportation System

NM

Nautical Mile

NOTAM

Notice to Airmen

POH

Pilot’s Operating Handbook

RAIM

Receiver Autonomous Integrity Monitoring

RIN

Regulation Identifier Number

RNP

Required Navigation Performance

SSR

Secondary Surveillance Radar

STC

Supplemental Type Certificate

TCAS

Terrain Collision and Avoidance System

TCCA

Transport Canada Civil Aviation

TSO

Technical Standards Order

OPSPEC/MSPEC/LOA A354, AUTOMATIC DEPENDENT SURVEILLANCE‑BROADCAST (ADS‑B) IN‑TRAIL PROCEDURE (ITP) (14 CFR PARTS 91, 91K, 121, 125, A125, AND 135 CERTIFICATE HOLDERS/OPERATORS).

NOTE:  NextGen Tracking. Applications for approvals for this paragraph must be entered in the Regional NextGen Tracker as indicated in the General Procedures Section (Volume 3, Chapter 1, Section 1).

A.    General. The In‑Trail Procedure (ITP) is designed primarily for use in nonradar oceanic airspace to enable appropriately equipped Automatic Dependent Surveillance‑Broadcast (ADS‑B) In aircraft to perform flight level (FL) changes previously unavailable with procedural separation minima applied. The improved traffic information available to ADS‑B In equipped aircraft allow ITP maneuvers to occur safely with application of reduced separation minima. ITP will enable FL changes to improve ride comfort, avoid weather, and obtain more favorable winds to improve fuel economy and arrival times.

NOTE:  Refer to the current edition of AC 90‑114, Automatic Dependent Surveillance‑Broadcast (ADS‑B) Operations, Appendix 2, Definitions for a more detailed description of the ITP.

B.    Applicability. Paragraph A354 is an optional authorization available to operators conducting operations under 14 CFR parts 91, 91 subpart K (part 91K), 121, 125 (including A125 Letter of Deviation Authority (LODA) holders), and 135. Paragraph A354 authorizes the use of ADS‑B In equipment for ITP.

NOTE:  A part 125 LODA holder is an aircraft operator who is issued a LODA from §§ 119.23 and 125.5 (the requirement to hold an operating certificate and OpSpecs), and is identified in the Web-based Operations Safety System (WebOPSS) database as 125M. The “M” designation is assigned in WebOPSS to identify part 125 LODA holders in the database.

C.    General Guidance. For authorization to conduct ITP, the certificate holder/operator and their responsible principal inspector (PI) or Flight Standards District Office (FSDO) are required to use the nonstandard request process in Volume 3, Chapter 18, Section 2, paragraphs 3‑712 and 3‑713.

NOTE:  PIs and FSDOs should refer to Figure 3-67C, A354 Automatic Dependent Surveillance‑Broadcast (ADS-B) Application Submittal Process Flowchart and Volume 3, Chapter 1, Section 1 for general guidance on processing and tracking proposals submitted for authorization to conduct ITP.

D.    Required Documentation for Submission of Formal Proposal. A separate proposal must be submitted by the operator for each aircraft type at initial and subsequent requests for authorization to conduct ITP. Subsequent requests to add additional aircraft of the same make, model, and series (M/M/S) to an existing authorization should include the aircraft and equipment documentation contained in AC 90‑114, Appendix 2, Section 6, paragraphs 4, 5, and 6. ITP proposals must contain the following information to be found acceptable for formal submission and FAA evaluation:

1)    Letter of request for authorization to conduct ITP;
2)    Aircraft qualification documentation;
3)    ITP equipment description;
4)    Proposed ITP operations area;
5)    Proposed minimum equipment list (MEL) revisions;
6)    Flight manual/pilot’s operating handbook (POH) documentation;
7)    Airworthiness documentation;
8)    Dispatch/flight‑following procedures (if applicable) or other persons with operational control; and
9)    Pilot training.

E.    ITP Proposal Evaluation Criteria. Specific evaluation criteria for ITP requirements can be found in AC 90‑114, Appendix 2.

F.    Related ADS‑B Material and Contact Information.

1)    Additional information and job aids related to ADS‑B authorizations can be found in the applicable guidance section of each authorization in the WebOPSS.

NOTE:  Flight Standards Service (AFS) Field Office (AFSFO) aviation safety inspectors (ASI) should make the appropriate application checklists and reference documents available to certificate holders/operators who do not have access to WebOPSS. Inspectors should encourage industry to complete the optional application checklist(s) prior to submission since it will expedite the review process.

2)    For additional ADS‑B information, please contact the following:
a)    For general information on operation requirements and procedures, contact the Flight Technologies and Procedures Division (AFS‑400) by phone at 202‑385‑4597, or in Lotus Notes at 9‑AWA‑AVS‑AFS‑400‑Flight‑Technologies‑Procedures‑Division/AWA/FAA.
b)    For parts 121 and 135 special authorizations (300‑series OpSpec/LOA), contact the Air Transportation Division (AFS‑200) at 202‑267‑8166.
c)    For parts 91, 91K, 125, and A125 special authorizations (300‑series OpSpec/MSpec/LOA), contact the General Aviation and Commercial Division (AFS‑800) at 202‑385‑9600/9601.
d)    For continued airworthiness of ADS‑B systems, contact the Aircraft Maintenance Division (AFS‑300) at 202‑385‑6402.
e)    For certification of ADS‑B systems, contact the Avionics Systems Branch (AIR‑130) at 202‑385‑4630.
f)    For technical questions concerning the ADS‑B Out performance requirements to support air traffic control (ATC) service final rule, contact (by mail) the Surveillance and Broadcast Services Program Office (AJE‑6), Air Traffic Organization, FAA, 800 Independence Avenue SW, Washington, DC 20591; or by telephone at 202‑385‑8637.

Figure 3‑67C.  A354 Automatic Dependent Surveillance-Broadcast (ADS-B) Application Submittal Process Flowchart

Figure 3 67C. A354 Automatic Dependent Surveillance-Broadcast (ADS-B) Application Submittal Process Flowchart

OPSPEC/MSPEC/LOA A355, AUTOMATIC DEPENDENT SURVEILLANCE‑BROADCAST (ADS‑B) IN OPERATIONS. ADS‑B In operations require headquarters (HQ) approval. For guidance material, please contact either the Flight Technologies and Procedures Division (AFS‑400) or the Air Transportation Division (AFS‑200).

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 email) 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 Société International de Télécommunications Aéronautiques (SITA), ARINC, or TELEX codes for electronic notification. AIR does not use email 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 A449, ANTIDRUG AND ALCOHOL MISUSE PREVENTION PROGRAM. OpSpec/MSpec A449 is applicable for 14 CFR parts 121, 121/135, and 135 certificate holders; 14 CFR part 91 subpart K (part 91K) (fractional owners) program managers; and 14 CFR part 145 repair station certificate holders. Inspectors must use LOA A049 for part 91K operators conducting sightseeing operations under part 91, § 91.147.

·    The certificate holders or program managers are responsible for providing the information required by 14 CFR part 120 to the principal operations inspectors (POI) for the issuance of OpSpec/MSpec A449, as applicable;

·    OpSpec/MSpec A449 is a data collection template and should not be construed as a Flight Standards Service (AFS) authorization;

·    Oversight of the actual implementation of the Antidrug and Alcohol Misuse Prevention Program is the function of the Office of Aerospace Medicine (AAM), Drug Abatement Division (AAM‑800);

·    When any changes occur, certificate holders/program managers are responsible for providing AFS with current information to update and amend A449;

·    Even though the A449 OpSpec/MSpec template is for data collection purposes, it should be signed by the certificate holder because they are “certifying” that the information is accurate and that they will comply with the applicable requirements of part 120; 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 120, and must have OpSpec/MSpec A449 issued by AFS:

·    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 120 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 the beginning of 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 AAM, 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 Part 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 121 or 135 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 AAM‑800. Any and all enforcement actions to be taken for violations of part 120 and other sections of 14 CFR related to drug and alcohol testing by the aviation industry is the sole responsibility of AAM-800. Any indication of possible regulatory violations of these provisions must be referred to AAM-800. All questions regarding the Antidrug and Alcohol Misuse Prevention Program must be directed to AAM‑800.

F.    Part 145 Repair Stations. See Volume 3, Chapter 18, Section 11.

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 Enhanced Vital Information Database (eVID) 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 a nonstandard, time-limited OpSpec that requires coordination with, and approval from, the appropriate headquarters (HQ) policy division. Upon receiving approval from HQ, principal inspectors (PI) will issue A502 to each certificate holder involved in a merger and/or acquisition as a means of authorizing the plans for transition during the merger or acquisition process. Certificate holders involved in a merger or acquisition will lay out their plan for the transition that will occur throughout the merger or acquisition process by entering information in the appropriate sections of A502. FAA approval of a merger and/or acquisition transition plan occurs at the regional Flight Standards division (RFSD) of the certificate‑holding district office (CHDO) who will have oversight responsibility of the surviving certificate holder in the merger/acquisition. The surviving certificate number (certificate designator followed by four additional characters, e.g. TWRA118A) identifies the surviving certificate holder, regardless of the surviving name chosen. Typically, the RFSD will form a Joint Transition Team (JTT) to manage the merger/acquisition. The RFSD of the surviving certificate holder will contact the Air Transportation Division (AFS-200) as soon as practicable upon the knowledge of the pending merger or acquisition, and ultimate selection of the JTT. The RFSD will provide AFS-200 with a point of contact (POC) for the merger or acquisition at this time. Although the overall merger/acquisition transition plan is approved at the RFSD level, OpSpec A502 must be approved by AFS-200 in coordination with the Aircraft Maintenance Division (AFS-300). OpSpec A502 is dynamic and should be updated as significant events in the merger or acquisition process occur. Each update of A502 must also be approved by AFS-200, in coordination with AFS-300. It’s important to note that each certificate holder involved in a merger or acquisition will be issued an A502. This means that A502 will be issued to the intended surviving certificate holder, as well as each intended merged or acquired certificate holder. Additional guidance regarding the merger and/or acquisition process is located in Volume 3, Chapter 34.

B.    Entering Information into A502, Paragraph a. A502, paragraph a contains three fields in which a PI or certificate holder will enter the following information:

NOTE:  The name of the certificate holder will be automatically populated into paragraph a of the A502 template by WebOPSS.

1)    The PI will enter the name of the other certificate holder involved in the merger or acquisition in the first text box in paragraph a.
2)    The PI will enter the date the merger or acquisition process will begin in the second text box in paragraph a. This date will indicate the commencement of the transition phase.
3)    The PI will enter the description of the estimated time period within which the merger and/or acquisition will be accomplished and completed in the third text box of paragraph a (for example, 12 months). It is also acceptable if a PI or certificate holder wishes to enter an actual date as opposed to a time period (for example, 10/26/2011).

C.    Entering Information into the Sections Provided in Paragraph b. A502, paragraph b contains specific sections that provide an outline of certain conditions that certificate holders must meet while operating during the merger and/or acquisition transition period. These sections are General, Operations, and Airworthiness. PIs responsible for the subject of each field must review and agree to all of the information contained therein if a field is populated by the certificate holder, otherwise the PI responsible for each field will enter the information.

1)    The “General” Section. PIs of both specialties (Operations or Airworthiness) will use the “General” section to identify conditions that do not belong specifically to operations or airworthiness. Examples of key items that must be entered into the “General” section include, but are not limited to:
a)    Estimated single operating certificate date. This is the date when the certificate holder operates as a single air carrier and has a singular system for operational control.
b)    OpSpecs requiring HQ approval. List all OpSpecs that require HQ approval, (such as 300‑series, nonstandard 500‑series, and OpSpecs containing optional/nonstandard text (“text 99”)). All HQ‑approved OpSpecs and nonstandard text authorizations for each certificate holder must be reapproved by HQ for continued use by the surviving certificate holder. In other words, nonstandard OpSpecs and text authorizations for one certificate holder may not be applied to another without the express permission of the appropriate HQ policy division.
c)    Pilot Record Information Act of 1996 (PRIA). A502 must contain a statement of how the surviving certificate holder intends to comply with PRIA.
d)    Demonstration of Emergency Evacuation Procedures. A502 must contain a statement or plan of how the surviving certificate holder intends to meet the regulatory requirements 14 CFR part 121, § 121.291 for demonstration of emergency evacuation procedures. The plan must address demonstration of aircraft newly introduced to the surviving certificate holder, as well as a change in the number, location, or emergency evacuation duties or procedures of the certificate holder’s Flight Attendants (F/A).
e)    Training of Station Personnel. A502 must contain a statement as to how the surviving certificate holder intends to train station personnel to a single standard of operation.
f)    The name of the surviving certificate holder and certificate designation.
g)    Flight Call Signs. Each A502 must contain information regarding flight call signs and numbering, specific to each certificate holder involved in the merger or acquisition process. Call signs, especially with livery changes, must be coordinated with the appropriate Air Traffic Organization (ATO).
h)    Hazardous Material (hazmat) Training. A502 must contain a statement of how the surviving certificate holder intends to comply with the hazmat training requirements of part 121, Appendix O, for employees acquired during the merger or acquisition.
i)    Drug and Alcohol Testing. A502 must contain a statement of how the surviving certificate holder intends to comply with the drug and alcohol testing requirements of 14 CFR part 120, for employees acquired during the merger or acquisition..
j)    Recordkeeping. A502 must contain a statement of how the each certificate holder intents to comply with recordkeeping requirements such as those listed in part 121 subpart V.
2)    The “Operations” Section. The principal operations inspector (POI) is responsible for the “Operations” section. The key areas that should be addressed in the “Operations” section include, but are not limited to:
a)    Operational Control. Identify which air carrier will assume operational control responsibility over the merged or acquired operation and the date that transfer is planned to take place. This date should coincide with the “Estimated Single Operating Certificate” date entered into the “General” section of A502. If the changeover 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. Identify the planned dates that flightcrew member, aircraft dispatcher (14 CFR part 121 domestic and flag), and Flight Attendant (F/A) 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 for flight following and operational control personnel in this section, as appropriate. Milestones listed in this field must correlate with the same milestones in the transition plan.
c)    Proving Tests. Identify the requirements and the plan of action regarding the proving tests required to add a new type of aircraft, operation, and/or route (area of operation).
d)    Operational Authorizations. Identify operational authorizations, such as Extended Operations (ETOPS), exemptions, deviations, etc., and list the plan of action for merging and/or acquiring each of the authorizations.

NOTE:  POIs of certificate holders with large varied fleets must be aware that merging ETOPS authorizations may be a lengthy process.

e)    Other. Identify any other operational milestones such as manual revisions, computer systems, and computer system support.
3)    The “Airworthiness” Section. The principal maintenance inspector (PMI) and principal avionics inspector (PAI) are responsible for the “Airworthiness” section. The key areas that must be addressed in the Airworthiness section include, but are not limited to:
a)    Maintenance Program Manuals. List maintenance program manual milestones in this field.
b)    Training and Qualification of Maintenance Personnel. Identify the training and qualification requirements of the mechanics and inspectors, and list the plan of action for accomplishing the necessary training.
c)    Minimum Equipment List (MEL) Management Program and Maintenance Control System. Identify the transition plan for MEL management programs and the associated maintenance personnel and maintenance control systems.
d)    Other. Identify any other appropriate maintenance milestones such as manual revisions, computer systems, and computer system support.

OPSPEC/TSPEC A504, INITIAL APPROVAL OF AN AIRLINE TRANSPORT PILOT CERTIFICATION TRAINING PROGRAM.

A.    General. A504 is issued only with concurrence from the Air Transportation Division (AFS-200) or the General Aviation and Commercial Division (AFS-800), as applicable, for 14 CFR parts 121, 135, 141, and 142 certificate holders. The authorization indicates initial approval to conduct the Airline Transport Pilot (ATP) Certification Training Program (CTP).

B.    Purpose. Completion of the ATP CTP is required by 14 CFR part 61, § 61.156 after July 31, 2014, for those applicants seeking an ATP Certificate with airplane category and multiengine rating prior to taking the knowledge test.

C.    Process to Obtain Authorization. The current edition of Advisory Circular (AC) 61‑138, Airline Transport Pilot Certification Training Program, provides guidance on the minimum curriculum requirements and the process by which the FAA will approve an ATP CTP as required by § 61.156. Volume 3, Chapter 62, Sections 1 and 2, provide detailed instructions on reviewing and approving an ATP CTP.

D.    Issuing OpSpec/TSpec A504. OpSpec/TSpec A504 may only be issued after receiving approval from AFS-200 for part 121 or 135 air carriers and part 142 training centers and from AFS-800 for part 141 pilot schools. Based on the information provided in the program, complete the information required by the tables in Template A504.

OPSPEC A545, AUTHORIZED AIRPORTS FOR DOMESTIC OR FLAG SUBSTITUTE SCHEDULED OPERATIONS. OpSpec A545 is an optional, standard, and time limited OpSpec that can be issued to a certificate holder to temporarily authorize airports for use in 14 CFR part 121 substitute scheduled operations. Each substitute scheduled operation is limited to 5 consecutive calendar-days and may only be conducted once in any 30‑day period using the same airports. A certificate holder may conduct a substitute scheduled operation on behalf of another certificate holder in accordance with14 CFR part 119, § 119.53(e). For the purposes of A545, a single substitute scheduled operation on the behalf of another certificate holder may consist of more than one flight.

A.    A545 is Not Always Required. The following substitute operations do not require A545:

1)    A545 is not required for a substitute scheduled operation conducted by a certificate holder who holds the same OpSpec authority for a kind of operation; area of operation; and airports for scheduled operations, as the certificate holder for whom the substitute operation is being conducted.
a)    The certificate holder conducting the substitute operation has the identical authority in OpSpec A001 to conduct domestic or flag operations, as applicable to the substitute operation.
b)    The certificate holder conducting the substitute operation has all of the required authorized areas of operation in OpSpec B050, through which, and in which the substitute operation will be conducted.
c)    The certificate holder conducting the substitute scheduled operation has the authority in OpSpec C070 to conduct scheduled operations to the airports involved in the substitute operation.
2)    A545 is not required for a substitute supplemental operation.

B.    When to Issue A545. A principal operations inspector (POI) may issue A545 to a certificate holder with the appropriate domestic and/or flag authority who desires to conduct a substitute scheduled operation on behalf of another certificate holder, but does not have the airports involved in the substitute operation listed as airports for scheduled operations in OpSpec C070.

1)    OpSpec C070. OpSpec C070, Airports Authorized for Scheduled Operations, is where a POI authorizes the list of airports that a certificate holder uses in schedule operations. Certificate holders who conduct regular scheduled operations must ensure that each scheduled airport ground station has the appropriate personnel and facilities to ensure adequate passenger and/or cargo handling, as well as the aircraft ground servicing and maintenance support required by § 121.105. Prior to allowing a certificate holder to list airports in C070, POIs need to consider environmental impacts to each airport. Environmental impact considerations are outlined in FAA Order 8900.1 Volume 11, Chapter 6 and the current edition of FAA Order 1050.1, Environmental Impacts: Policies and Procedures.
2)    OpSpec A545. If a certificate holder does not have the airports involved in a substitute scheduled operation listed in C070, POIs may authorize a certificate holder to temporarily list airports in A545. Using A545 as an alternative to C070 is permissible, provided the certificate holder for whom the substitute operation is being conducted has the appropriate airport ground station personnel and facilities to support the substitute aircraft. These personnel and facilities must be available and used by the certificate holder conducting the substitute scheduled operation.

C.    Regulatory Requirements for Substitute Operations. Section 119.53(e) allows a certificate holder who is authorized to conduct part 121 or 14 CFR 135 operations, to conduct a substitute operation on behalf of another certificate holder, under the following conditions:

1)    The certificate holder conducting the substitute operation must hold the same Department of Transportation (DOT) Economic Authority as the certificate holder arranging for the substitute operation.
2)    The certificate holder conducting the substitute operation must hold the same authority in OpSpec A001 to conduct a kind of operation as the certificate holder arranging for the substitute operation. “Kind of operation” is defined in 14 CFR § 110.2, (e.g., domestic, flag, or supplemental).
3)    The certificate holder conducting the substitute operation must conduct that operation in accordance with the same operations authority (scheduled airports and authorized areas of en route operations) held by the certificate holder arranging for the substitute operation.

D.    List Airports in A545. Section 119.49(a)(4)(ii) prohibits a certificate holder from conducting domestic or flag operations using any airport not listed in its OpSpecs. If an airport is not listed in C070 of a certificate holder’s OpSpecs, a POI may authorize a certificate holder to temporarily list an airport in A545 to comply with this regulation. The ability to use A545 as an alternative to C070 is based on the assumption that the certificate holder for whom the substitute scheduled operation is being conducted will provide all of the necessary ground station facilities, as well as passenger and aircraft service and support. When using A545, the certificate holder conducting the substitute scheduled operation is not required to establish its own ground stations. However, the certificate holder conducting the substitute operation is responsible to ensure all aircraft maintenance and performance requirements and limitations are met. List all airports for use in the substitute scheduled operation in Table 1 of A545. Include the origin and destination airports and any alternate or refueling airports necessary to conduct the substitute operation. Any airports already listed in the C070 issued to the certificate holder conducting the substitute operation, do not need to be listed in A545. When listing the origin and destination airports in A545, designate them as “Regular” airports by selecting “Yes” in “Regular Airport” field of A545. Airports not designated as “Regular” are considered interchangeable for use as provisional, refueling, and alternate airports while conducting the substitute scheduled operation.

E.    Conditions and Limitations of A545. OpSpec A545 contains the following conditions and limitations. POIs may not issue A545 unless the certificate holder is able to meet all of the requirements of the OpSpec.

1)    The certificate holder must have authority to conduct domestic or flag operations, as appropriate, listed in A001 of its operations specifications.
2)    The certificate holder must comply with all regulations applicable to domestic or flag operations, as applicable, when conducting the substitute scheduled operation.
3)    The airports listed in Table 1 of A545 are in addition to the regular, provisional refueling, and alternate airports listed in the certificate holder’s C070 and are for use in the temporary substitute operation only.
a)    All origin and destination airports must be listed and designated as regular airports in Table 1 of A545.
b)    Any airports for use as provisional, refueling, or alternate airports that are not listed in the certificate holder’s C070 must be listed in Table 1 of A545.
c)    All airports not designated as regular airports are considered to be interchangeable as provisional, refueling, and alternate airports and satisfy the requirements of § 119.49(a)(4)(ii).
4)    Airports located in the United States, the District of Columbia, or any territory or possession of the United States must meet the requirements of § 121.590.  Airports located outside of the United States, the District of Columbia, or any territory or possession of the United States, must meet requirements equivalent to those contained in § 121.590.
5)    The certificate holder must ensure compliance with § 121.549(a) and provide the pilot in command with the appropriate aeronautical charts to conduct the substitute operation.
6)    Prior to conducting the substitute operation, the certificate holder must ensure the following:
a)    All station facilities are available to sustain adequate ground handling for arrival and departure of the aircraft involved in the substitute operation.
b)    Competent personnel, adequate facilities, and adequate equipment (including spare parts, supplies and materials) are available for the proper servicing, maintenance, and preventive maintenance of aircraft and auxiliary equipment.
7)    The substitute scheduled operation is limited to 5 consecutive calendar-days.
8)    The A545 authorization expires upon conclusion of the substitute scheduled operation, or at the end of the fifth calendar-day from the start date of the operation, whichever is less.
9)    Substitute scheduled operations using the regular airports listed in Table 1 of A545 are not permitted more than once in 30 calendar-days.

F.    Recency of Operation in Accordance with § 119.63. If a certificate holder has not conducted the kind of scheduled operation (domestic or flag) within the preceding 30 consecutive calendar-days before conducting a substitute scheduled operation, the certificate holder must provide the POI with prior notification at least 5 consecutive calendar-days before commencing the substitute scheduled operation.

1)    A POI may accept a certificate holder’s request for A545 as prior notification, provided it is made at least 5 consecutive calendar-days before the certificate holder intends to conduct the operations.
2)    The certificate holder must make itself available and accessible during the 5 consecutive calendar‑day period preceding the operation in the event that the POI decides to conduct a full inspection reexamination to determine whether the certificate holder remains properly and adequately equipped to conduct a safe operation.

G.    Archive A545 at the Conclusion of the Operation. POIs will archive A545 at the conclusion of the substitute operation authorized therein, or at the end of 5 consecutive calendar‑days, whichever is less.

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’d 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 1 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 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 3‑815.


5/5/14                                                                                                                                            8900.1 CHG 0

Volume 3  General technical administration

CHAPTER 21  THE ADVANCED QUALIFICATION PROGRAM

Section 2  Surveillance

Indicates new/changed information.

3-1526    GENERAL. Surveillance activities on approved Advanced Qualification Program (AQP) certificate holders and training centers must be conducted in accordance with the guidance provided in this section; Volume 6, Chapter 2; and/or Volume 10, as applicable. (See Volume 3, Chapter 21, Section 4, for guidance on the approval process.)

3-1527    REPORTING ON AQPs. AQP review meeting – Phases IV and V: Extended Review Team (ERT) activities in this phase will consist of surveillance of AQP operations and analysis of data collection results. Joint ERT and applicant reviews will be conducted periodically. These meetings will provide both parties the chance to analyze results and discuss program concerns. At the midpoint of Phase IV, the first annual report will be submitted to the ERT. A final joint review and annual report will be accomplished prior to Phase V approval.

A.    Focus Areas for Reviews. Focus areas for these reviews are:

1)    Data management:

·    Collection problems and fixes.

·    Analysis—data reliability/validity/sensitivity.

·    Data usefulness.

·    Problem areas investigated.

2)    Data collection method/tools.
3)    Data analysis methods/tools:

·    Review of annual report.

·    Qualification.

·    Continuing qualification.

·    Line check.

·    Identified trends (positive and negative).

·    Corrective measures.

4)    Program critique summaries.
5)    Recordkeeping.
6)    Do records consistently demonstrate the qualification of crews and instructors/evaluators?
7)    Implementation and operation plan adherence.
8)    Modifications to the program:

·    Due to Performance Proficiency Date Base (PPDB) input.

·    Due to other input.

·    Demographics.

·    Operational.

9)    Validity and usefulness of qualification standards.
10)    AQP maintenance strategy—is the described process working?

·    Any changes to the maintenance strategy.

·    Currency of Program Audit Database (PADB).

11)    Instructor/evaluator programs:

·    Inter/referent‑rater reliability data.

·    Quality assurance (QA) observations summarized.

·    Methods to maintain instructor/evaluator standardization.

12)    Federal Aviation Administration (FAA) surveillance findings.
13)    AQP challenges and difficulties:

·    Progress towards Phase III, IV, and V in other fleets.

·    Special tracking.

·    Seat substitution.

·    Line-Oriented Flight Training (LOFT)/Line Operational Simulation (LOS) scenarios for crewmembers.

14)    Use of information from related programs, if any (e.g., flight operations quality assurance (FOQA) or Aviation Safety Action Program (ASAP).
Indicates new/changed information. Indicates new/changed information.

B.    Reports—Annual AQP Report. The AQP requires that each participating certificate holder prepare an annual report for the FAA. This report is based on the certificate holder’s analysis of the data that is collected during training and at strategic points (such as validation/evaluation gates) in each curriculum and maintained in the PPDB. The AQP requires data collection and analysis in order to establish and maintain quality control (QC) of curricula for crewmembers, instructors, and evaluators. The annual AQP report should summarize the lessons learned and adjustments made to the curriculum(s) during the reporting period. The report should also include projected or proposed changes to the curriculum(s) based on the certificate holder’s current analysis. The actual adjustments made to the AQP are reflected in revisions to the approved AQP documents. The reporting period is usually based on the approval date for a particular curriculum in either Phase IV or V. During AQP development, particularly for multiple fleet operators, with different approval dates for multiple curriculums, the reporting period may be modified as agreed upon by the FAA and the certificate holder. Once the certificate holder has all its fleets and curriculums into Phase V, the reporting period can be fixed into a particular cycle. Unless requested earlier, copies of the report should be distributed to the principal operations inspector (POI) and the Air Carrier Training Systems and Voluntary Safety Programs Branch (AFS‑280) at least 2 weeks prior to the annual AQP review meeting. (See Volume 3, Chapter 21, Section 1, Figure 3-96, Advanced Qualification Program—Documentation Checklist and Review Job Aid.)

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3-1528    AQP-SPECIFIC TYPES OF REPORTING AND INSPECTIONS. Guidance for inspectors that will be using the unique Program Tracking and Reporting Subsystem (PTRS) activity codes associated with AQP programs.

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A.    Activity Code 1305 for 121/135—TECH/ADMIN/AQP/EVAL TRNG INIT. Evaluate an AQP initial training program documentation for Phase II, III, and small group tryout. Close upon receiving Phase IV approval. The controlling document for the overall program is to be entered by the POIs and closed upon receiving Phase IV approval. The PTRS record is used as a historical record of progress with comments provided as needed to profile and trend AQP development. This code is intended to track the initial startup of each AQP curriculum (e.g., indoctrination, qualification, continuing qualification). For example, a carrier’s application was approved, and they intend to develop a qualification curriculum for a Boeing 777. The carrier must open a 1305 to track Phases II and III, and then close it once Phase IV is approved. The carrier must follow this process for every curriculum developed.

B.    Activity Code 1308 for 121/135—TECH/ADMIN/AQP/EVAL TRNG REVSN. Evaluate an AQP revision to training program documentation. Opened when a revision to an AQP is received, and closed when the revision is approved. Records are used to track the number, frequency, and adequacy of revisions.

C.    Activity Code 1355 for 121/135—TECH/ADMIN/AQP/EVAL LOS/LOFT/LOE. Evaluate an AQP Line-Operational Simulation (LOS) scenario such as a LOFT or Line Operational Evaluation (LOE). Opened when the development or approval process begins, and ends when the scenario is approved. Records and comments will be used to document the LOS development for the life of the AQP.

Indicates new/changed information.

D.    Airman Certification. It is understood that, except for the LOE, the approved test and evaluation strategy will vary between different AQP training programs. The activity codes shown cover all potential evaluation strategies, and a code should be chosen that most closely aligns with the certificate holder’s validation point. Although the LOE is the formal certification test, each time the inspector performs a qualification/continuing qualification validation point, an appropriate record must be entered.

1)    Activity Code 1545 for 121/135—CERT/AIRM/AQP/EVAL SYS KNOWLDG. System (knowledge) validation performed by the inspector in accordance with the approved AQP syllabus and qualification standards.
Indicates new/changed information.
2)    Activity Code 1546 for 121/135—CERT/AIRM/AQP/EVAL PROCEDURES. Procedures validation performed by the inspector in a flight simulation training device (FSTD). The evaluation can include ground, normal/abnormal/emergency, flight, autoflight procedures, and profiles. If this validation point is combined with the maneuver validation, use the maneuver validation activity code 1547. The evaluation is conducted in accordance with the approved AQP syllabus and qualification standards.
Indicates new/changed information.
3)    Activity Code 1547 for 121/135—CERT/AIRM/AQP/VAL MANEUVERS. Maneuver validation performed by the inspector in an FSTD or aircraft. The evaluation emphasis is on technical flying skills and maneuver proficiency conducted in accordance with the approved AQP syllabus and qualification standards.
Indicates new/changed information.
4)    Activity Code 1548 for 121/135—CERT/AIRM/AQP/LOE. LOEs performed or supervised in an FSTD by an inspector to check individual and crew competence. Conducted in accordance with the approved AQP syllabus and qualification standards using the approved LOE scenario.
5)    Activity Code 1549 for 121/135—CERT/AIRM/AQP/LINE CHECK. Line check performed by a qualified inspector.

E.    Activity Code 1600, Surveillance. These unique AQP surveillance activities/codes provide the FAA with the data and information to confirm the carriers AQP data analysis. The instructor/evaluator‑administered validation points may differ between carriers. The activity codes shown cover all potential evaluation strategies. Use the code that most closely aligns with the approved test and evaluation strategy for both qualification and continuing qualification AQPs.

1)    Activity Code 1674 for 121/135—SURVL/AQP/INSTR EVLTR/KNOWLDG. Surveillance of AQP instructor/evaluator knowledge validation.
2)    Activity Code 1675 for 121/135—SURVL/AQP/INSTR EVLTR/PROCS. Surveillance of AQP instructor/evaluator procedures validation.
3)    Activity Code 1676 for 121/135—SURVL/AQP/INSTR EVLTR/MAN VAL. Surveillance of AQP instructor/evaluator maneuver validation.
4)    Activity Code 1677 for 121/135—SURVL/AQP/INSTR EVLTR/LOE. Surveillance of AQP instructor/evaluator LOE.
5)    Activity Code 1678 for 121/135—SURVL/AQP/INSTR EVLTR/LINE CHK. Surveillance of AQP instructor/evaluator line check.
6)    Activity Code 1679 for 121/135—SURVL/AQP/INSTR EVLTR/LOFT SPOT. Surveillance of AQP instructor/evaluator LOFT or Special Purpose Operational Training (SPOT).
7)    Activity Code 1680 for 121/135—SURVL/AQP/TRAINING PROGRAM. Surveillance of AQP Phase IV and V training program by type of AQP curriculum (indoctrination, qualification, and continuing qualification and/or modules thereof). This activity is used to perform surveillance of the complete AQP curriculum. This may be done incrementally by leaving the PTRS record open until the surveillance is complete.

RESERVED. Paragraphs 3‑1529 through 3‑1545.


6/2/14                                                                                                                                            8900.1 CHG 0

VOLUME  3 GENERAL TECHNICAL ADMINISTRATION

CHAPTER  32 MANUALS, PROCEDURES, AND CHECKLISTS FOR 14 CFR PARTS 91K, 121, 125, AND 135

Section  1 Background and Definitions

3-3126    INTRODUCTION. This chapter contains direction and guidance to be used by principal operations inspectors (POI) and inspectors for processing, reviewing, and accepting or approving manuals, procedures, and checklists.

·    Section 1 contains general background information and definitions of the terms used in this chapter.

·    Section 2 contains guidance for inspectors and POIs for approving or accepting an operator’s manuals, procedures, and checklists.

·    Section 3 contains guidance for the evaluation of Title 14 of the Code of Federal Regulations (14 CFR) part 125 certificated holders’ manuals.

·    Section 4 contains guidance for the review and evaluation of General Operations Manuals (GOM).

·    Section 5 contains guidance for the review and evaluation of 14 CFR part 121/135 flight manuals.

·    Sections 6 and 7 contain guidance for accepting or approving manuals, procedures, and checklists.

·    Section 8 contains guidance for evaluating General Maintenance Manuals (GMM).

·    Section 9 contains guidance for evaluating 14 CFR part 91 subpart K (part 91K) company manuals/revisions for maintenance and inspection procedures.

·    Section 10 contains guidance for evaluating maintenance manuals/revisions for part 135, § 135.411(a)(1) programs.

·    Section 11 contains guidance for evaluating maintenance company manuals/revisions for part 121 and/or § 135.411(a)(2) programs.

·    Section 12 contains guidance for aircraft checklists for part 121/135.

·    Section 13 contains guidance for approval and acceptance of Flight Attendant (F/A) manuals and checklists.

Indicates new/changed information.

·    Section 14 contains guidance for the review of the operator’s Mechanical Interruption Summary (MIS) for parts 121 and 135.

3-3127    OVERVIEW OF MANUAL REQUIREMENTS. Title 14 CFR requires operators to prepare and keep current various manuals and checklists for the direction and guidance of flight and ground personnel conducting air transportation operations.

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A.    Flight Manual. Part 121, § 121.141 or § 135.81(c) (as applicable), and part 91, § 91.9(b) require that a Federal Aviation Administration (FAA)‑approved flight manual be carried aboard each aircraft for the guidance of crewmembers when conducting flight operations. A flight manual is any manual approved by the FAA that an operator uses to comply with this requirement. A flight manual may be an approved Airplane Flight Manual (AFM), an approved Rotorcraft Flight Manual (RFM), or an approved Company Flight Manual (CFM) (see paragraph 3‑3128 for definitions). If an operator carries a CFM aboard the aircraft, that operator is not required to carry an AFM in addition to the CFM.

B.    General Manual. Sections 121.133 and 135.21 require that each operator prepare and keep current a manual providing guidance for all categories of flight and ground personnel conducting air transportation operations. This requirement does not apply to part 135 single‑pilot operators and those operators granted a deviation from this requirement by paragraph A005 of the operations specifications (OpSpecs). For the purposes of this order, the manual the operator prepares in compliance with § 121.133 or § 135.21 is termed a “general manual.” The operator’s general manual must include the duties and responsibilities of each category of employee. The manual must also include adequate policy, direction, and guidance for the safe and efficient performance of the duties assigned to each category of employee. Title 14 CFR only requires an operator to produce a single manual. In practice, however, a system of manuals is usually necessary, even for relatively simple operations. Operators have wide latitude in structuring their manuals.

3-3128    DEFINITIONS. The following terms are defined according to their use in this order:

A.    Abbreviated Procedure. A list of sequential procedural steps without an amplified description or amplified set of instructions.

B.    Accepted. “Accepted” is used to describe a document, manual, or checklist that does not have, or is not required to have, FAA approval. Only a portion of an operator’s manuals are required to have FAA approval. The remaining portions are “accepted” by the FAA. Operators are required to submit the entire general manual to the FAA for review. If the FAA concludes that an accepted section of the general manual is not in compliance, the FAA must formally notify the operator of the deficiency. Upon notification, the operator must take action to resolve the deficiency.

C.    Airplane Flight Manual (AFM). An approved AFM is prepared by the manufacturer and approved by the FAA Aircraft Certification Office (ACO) under the provisions of 14 CFR part 21, § 21.5.

D.    Alternate. When “alternate” is used to describe a procedure or checklist, it refers to a procedure that may be employed instead of another procedure. Alternate procedures may either be normal, non‑normal, or abnormal procedures.

E.    Amplified Procedure. A description of sequential procedural steps with detailed explanatory descriptions and/or instructions accompanying each step.

F.    Approved. When “approved” is used to describe a document, manual, or checklist, it means that a regulation requires FAA approval and that the FAA has evaluated and specifically approved the document, manual, or checklist.

G.    Caution. An instruction concerning a hazard that if ignored could result in damage to an aircraft component or system that would make continued safe flight improbable.

H.    Checklist. A formal list used to identify, schedule, compare, or verify a group of elements or actions. Although a checklist may be published in a manual, it is usually intended to be used by itself, so that reference to a manual is made unnecessary. Checklists are usually formatted and presented on paper; however, they may be formatted on electronic or mechanical devices, or presented in an audio format. A checklist may or may not represent an abbreviated procedure. The items listed on a checklist may be unrelated and may not represent a procedure, such as most “normal” checklists. Abnormal and emergency checklists, however, do represent procedures.

I.    Company Flight Manual (CFM). An approved AFM that is developed by, or for, a specific operator for a specific aircraft type and that is approved by the POI in accordance with the provisions of § 121.141(b) or § 135.81(c).

J.    Document. A written description of a system, method, or procedure; a written statement of authorizations, conditions, or limitations; or a file of information. A document serves as an official record of understanding and agreement between the FAA and the operator as to the means the operator will use to comply with regulatory requirements. An approved document is not a manual. Relevant information from a document, however, may be extracted and published in user manuals. For example, the OpSpecs are not a manual but an approved document from which information is extracted.

K.    Emergency. When “emergency” is used to describe a procedure or checklist, it refers to a non‑routine operation in which certain procedures or actions must be taken to protect the crew and the passengers, or the aircraft, from a serious hazard or potential hazard.

L.    General Maintenance Manual (GMM). That segment of an operator’s general manual system that pertains to the airworthiness of aircraft. The GMM is one of two major segments of an operator’s general manual.

M.    General Operations Manual (GOM). That segment of the general manual that applies to flight operational activities as opposed to airworthiness activities. The GOM is one of two major segments of an operator’s general manual.

N.    High Workload Environment. Any environment in which multiple demands on the flightcrew necessitate the prioritizing of work functions. For example, instrument flight rules (IFR) operations below 10,000 feet during arrival or departure from a terminal area (including taxiing) are considered to be high workload environments.

O.    Immediate Action. An action that must be taken in response to a non‑routine event so quickly that reference to a checklist is not practical because of a potential loss of aircraft control, incapacitation of a crewmember, or damage to or loss of an aircraft component or system, which would make continued safe flight improbable.

P.    Manual. A collection of the information, policies, procedures, and guidance prepared by an operator to instruct company employees in the performance of their assigned duties.

Q.    Non‑Normal or Abnormal. When “non‑normal” or “abnormal” is used to describe a procedure or checklist, it refers to a non‑routine operation in which certain procedures or actions must be taken to maintain an acceptable level of systems integrity or airworthiness.

R.    Normal. When “normal” is used to describe a procedure or checklist, it refers to a routine operation (without malfunctions).

S.    Normal Checklist. A checklist comprised of all of the phase checklists used sequentially in routine flight operations.

NOTE:  That information or instruction of such significance that special emphasis is required.

T.    Phase Checklist. A checklist used to establish and/or verify aircraft configuration during a specific phase of flight. An example of a phase checklist is an after‑takeoff checklist.

U.    Pilot Flying (PF). The pilot who is controlling the path of the aircraft at any given time, whether or not the aircraft is in flight or on the ground.

V.    Pilot‑Not‑Flying (PNF). The pilot who is not controlling the path of the aircraft.

W.    Policy. A written requirement established by an operator’s management for compliance by appropriate personnel. A policy may be within a procedure or stated separately. A written requirement such as, “No flight may depart on a cross‑country flight without a spare case of oil,” is an example of a policy.

X.    Procedure. A logical progression of actions and/or decisions in a fixed sequence that is prescribed by an operator to achieve a specified objective. In short, a procedure is step‑by‑step guidance on how to do something.

NOTE:  Checklists and procedures are often confused. Operators have sometimes titled procedures “expanded checklists” or titled checklists “abbreviated procedures.” A procedure is a set of actions or decisions prescribed to achieve a specified objective. A checklist is a physical aid used to overcome the limitations of human memory.

Y.    Recommendation. A preferred technique or action described by the operator that employees are expected to follow whenever practical. A recommendation is not a policy requirement.

Z.    Rotorcraft Flight Manual (RFM). An approved RFM is prepared by the manufacturer and approved by the FAA ACO under the provisions of § 21.5.

AA.    Supplemental. When “supplemental” is used to describe a procedure or checklist, it refers to a procedure that may be employed in addition to a normal, non‑normal, or abnormal procedure. Supplemental procedures may either be normal or non‑normal procedures.

BB.    Systems Management. The management of those systems that sustain the mechanical functions of the aircraft as opposed to the management of the aircraft’s thrust, flightpath, or aerodynamic configuration.

CC.    Technique. A method of accomplishing a procedural step or maneuver.

DD.    User Manual. A segment of a GOM or a GMM that provides instruction, policies, procedures, and guidance to a specific category of employee. Examples of user manuals that are commonly used in the air transportation industry include the following:

·    Flight Operations Policy Manuals (FOPM).

·    Airport Analysis or Data Manuals.

·    Security Manuals.

·    F/A or Cabin Service Manuals.

·    Flight Dispatch Manuals.

·    Station Operations Manuals.

·    Route and airport manuals.

·    Hazardous Material (hazmat) Handling Manuals.

NOTE:  The user manual titles previously listed are only examples of common titles currently in use in industry. Inspectors should not interpret this as a list of required titles. Operators may choose to divide the GOM in any convenient way and may select different user manual titles.

EE.    Warning. An instruction about a hazard that if ignored could result in injury, loss of aircraft control, or loss of life.

3-3129    DISTRIBUTION AND AVAILABILITY OF MANUALS. Each operator is required to maintain a complete manual (or set of manuals) at its principal base of operations, and to furnish a complete manual (or set of manuals) to the FAA certificate‑holding district office (CHDO). In addition, each operator must make available or furnish applicable parts of the manual (user manuals) to flight and ground operations personnel who conduct or support flight operations. The manual may be in conventional paper format or in another form that is convenient for the user. Each employee to whom the manual or a user manual is furnished must keep it current. Each employee must have access to appropriate manuals or parts of manuals when performing assigned duties. Section 121.139 requires that each part 121 supplemental air carrier and commercial operator carry appropriate parts of the manual on each aircraft when away from the principal base of operations for use by ground and flight personnel.

3-3130    REVIEW OF MANUALS. Manuals must be reviewed by POIs and other qualified inspectors to ensure that they contain adequate content and are in compliance with applicable regulations, safe operating practices, and the operator’s OpSpecs. While POIs are encouraged to provide guidance and advice to operators in the preparation of their manuals, the development and production of an acceptable manual is solely the responsibility of the operator.

A.    Initial Review. Before the initial certification of an applicant, a comprehensive review of the applicant’s flight manuals and GOM must be conducted by the POI and other qualified inspectors. During the initial review of the GOM, POIs must ensure that the operator has addressed the applicable topics discussed in Volume 3, Chapter 32, Sections 3 and 4. In addition, those items in the operator’s final compliance statement that require the operator to develop a policy statement, system, method, or procedure must be addressed. If user manuals are furnished, those topics that apply to the specific user must be addressed. Each topic must be presented with enough detail to ensure that the user can properly carry out the portion of the policy or procedure for which the user is responsible.

B.    Review of Changes to Manuals. The POI should review each revision or proposed revision to a manual. Inspectors should not limit this review to a strict consideration of the change itself but should also consider the impact of the change on the operator’s overall manual system, training program, and type of operation. Changes in the operator’s OpSpecs should be accompanied by a review of applicable sections of the operator’s manual.

C.    En Route and Ramp Surveillance. Inspectors conducting en route and ramp inspections should review the flight manual and those portions of the GOM carried by the flightcrew for completeness and currency. When a flight is long enough to make it practical, inspectors should review these manuals more in depth, particularly those sections that are operationally relevant to the flight in progress.

D.    Periodic Review of Manuals. The continual review of an operator’s manuals is necessary because both the aviation environment and the operations conducted by the operator are constantly changing. Each POI is responsible for developing a surveillance plan for the operator’s manual system. At least one portion of the operator’s general manual should be reviewed annually, and the entire general manual should be reviewed over a period of 1 to 3 years (depending on the complexity of the operation). This periodic review should be planned as a distinct event so that every portion of the manual is systematically reviewed at some time over a 1‑ to 3‑year cycle. This periodic review should be coordinated between principal airworthiness inspectors (PAI) and other inspectors to ensure an appropriate exchange of information and to avoid redundant reviews.

3-3131    FORMAT AND STYLE OF MANUALS. Both parts 121 and 135 require that each page of a manual must include the most recent revision date. In general, manuals and checklists should be easy to use and understand and in a format that can be easily revised. When evaluating manuals and checklists for ease of use and understanding, inspectors should consider the following guidance concerning format and style:

A.    Form. All or part of a manual may be prepared and maintained in conventional paper format (book form) or in other forms, such as microfilm or computer‑based storage with electronic image.

B.    Preface Page. The first page of a user manual should be a preface page containing a brief statement about the manual’s purpose and intended user. The preface page should also contain a statement that emphasizes that the procedures and policies in the user manual are expected to be used by company personnel.

C.    Revision Control. Each manual should be easy to revise. Also, each manual should contain a revision control page or section from which the user can readily determine whether the manual is current. This page or section should preferably follow the preface page, but it can be organized in any logical manner. The control date of the most recent revision of each individual page must appear on each page. Complex operators should establish a bulletin system to bring temporary information or changes that should not be delayed by a formal revision process to the attention of the user. The bulletin system should have a means of control that includes giving bulletins a limited life and systematically incorporating them into appropriate manuals in a timely manner. Users should be able to easily determine whether they possess all current bulletins.

D.    Table of Contents. Each manual should have a table of contents containing lists of major topics with their respective page numbers.

E.    References. Manuals must include references to specific regulations when appropriate. A reference to regulations or other manual material is appropriate when it is necessary to clarify the intent of the text or when it is useful to the user for looking up specific subject matter. References should not be made to advisory circulars (AC) and to preambles of 14 CFR, as these sources are advisory and not binding in nature. Operators should use caution when adapting the text of advisory documents into their manuals. Advisory text may not translate into a directive context.

F.    Definitions. Significant terms used in manuals should be defined. Any acronym or abbreviation not in common use should also be defined.

G.    Elements of Style. Manuals and checklists should be composed in the style of general technical writing. This style should be clear, concise, and easy to understand. When evaluating manuals, inspectors should be knowledgeable of the following suggestions for accomplishing clarity in technical writing:

1)    Whenever possible, short, common words should be used. Examples of this include the following: using the words “keep” or “hold” instead of “maintain”; using the word “start” instead of “establish”; and using the word “stop” instead of “terminate.”
2)    When a word has more than one meaning, the most common meaning should be used. For example, the word “observe” should be used to mean “see and take notice of” rather than “obey and comply.”
3)    Operators should standardize terminology whenever practical. For example, since the terms “throttles” and “thrust levers” refer to the same item, the operator should choose one term and use it consistently throughout the manual. Once a particular term has been used in a specific sense, it should not be used again in another sense.
4)    Terms that command actions should be clearly defined, such as “checked,” “set,” and “as required.” Since auxiliary verbs such as “may” and “should” are ambiguous and can create room for doubt, they should not be used when a definite action is commanded. Instead, verbs such as “shall” and “must” are preferable to use when an action is commanded because they are more definite.
5)    All instructions should be given in the imperative mood and the active voice. For example, “Hold the speed between VREF and VREF plus 10 knots” is preferable to “The speed needs to be held between VREF and VREF plus 10 knots.”
6)    To provide appropriate degrees of emphasis on specific points in the text, cautions, warnings, and notes should be in the operator’s manuals and checklists.
7)    Any instruction, particularly a warning or a caution, must begin with a simple directive in the imperative mood that informs the reader precisely what must be done. To avoid obscuring the directive in the background information, the directive must be stated first and then followed with an explanation. An example of how a directive can be obscured in background information is as follows: “Warning—To avoid the hazard of striking ground handling personnel with the free end of a swinging towbar, do not place feet on rudder pedals until the captain takes the salute from the ground handler. The hydraulic nosewheel steering can sling the towbar with hazardous force.” In contrast, the following is an example of the preferred method of placing the directive first: “Warning—Do not place feet on rudder pedals until the captain takes the salute from the ground handler. The hydraulic nosewheel steering can sling a towbar with sufficient force to cause serious injury to ground handling personnel.”
8)    Descriptions in the manual should not be overloaded, but should be presented simply and sequentially. An example of an overloaded description is as follows: “A CSD per engine drives the alternating current generator at a constant speed of 8,000 rpm regardless of the speed of the engine or the load on the generator.” The following is an example of a clearer, more concise description: “A CSD is mounted between each engine and generator. The CSD holds the generator speed at a constant 8,000 rpm.”
9)    Long sentences should be avoided in the manual. The following example consists of subject matter put into a long sentence, which makes it difficult to understand: “During gear retraction, the door‑operating bar located on the landing gear leg contacts and turns the latch, withdrawing the roller from the slot as a second roller entraps the door‑operating bar.” The following example consists of the same subject matter used in the previous example; however, when it is broken down into shorter sentences, it is easier to understand: “During landing gear retraction, the door‑operating bar on the landing gear leg is pressed against the door latch. The latch turns, thus freeing the door roller. The roller moves out of the slot. A second roller then traps and holds the door‑operating bar.”

3-3132    ADEQUACY OF PROCEDURES. Specific guidance for the evaluation of flight manual procedures is in Volume 3, Chapter 32, Section 5. The following general guidance, however, is provided for inspectors to use when evaluating procedures in any manual, including flight manuals:

A.    Objective. The objective of a procedure must be stated clearly unless it is so commonly understood that a statement of the objective is not necessary.

B.    Logical Sequence. Procedures are to flow in a logical step‑by‑step sequence. The most effective procedures are usually simple and each contains only the information necessary for accomplishing that procedure. Preferably, procedures should be described in a sequential step‑by‑step format rather than a narrative format.

C.    General Considerations.

1)    A procedure must be an acceptable method for accomplishing an intended objective.
2)    The individual responsible for each step of a procedure must be clearly identified.
3)    The acceptable standards of performance for a procedure are to be stated if those standards are not commonly understood or clearly obvious.
4)    Since a variety of personnel with differing degrees of expertise are involved in procedures, adequate information concerning the accomplishment of a procedure must be provided for the least‑experienced individual. A procedure may be described very briefly and concisely when the user is capable of achieving the objective without extensive direction or detail. When the user has limited training or experience, however, a procedure must be described in enough detail for the user to correctly accomplish it. When the user has limited access to other sources of information and guidance while performing a procedure, enough detail should be provided to make the user independent of other sources of information.
5)    When a form, checklist, or tool is necessary to accomplish a procedure, the location of that item must be indicated in the procedure.
6)    Enough time should be available under normal circumstances for the user to accomplish a procedure. If sufficient time is not available to the user for accomplishing a procedure, either the procedure itself or the user’s duties must be revised.

RESERVED. Paragraphs 3‑3133 through 3‑3150.


6/2/14                                                                                                                                            8900.1 CHG 0

VOLUME3  GENERAL TECHNICAL ADMINISTRATION

CHAPTER 32  MANUALS, PROCEDURES, AND CHECKLISTS FOR 14 CFR PARTS 91K, 121, 125, AND 135

Section 5  Flight Manuals for Part 121/135

3-3231    GENERAL. This section contains direction and guidance to be used by principal operations inspectors (POI) in the evaluation of flight manuals for Title 14 of the Code of Federal Regulations (14 CFR) parts 121 and 135 operators. Part 121, § 121.141 requires that part 121 operators maintain a current flight manual for each aircraft used in their air transportation operations. Part 135, § 135.81(c) requires that part 135 operators maintain a current flight manual (or the equivalent information for certain aircraft certified without a flight manual) for each aircraft used in their air transportation operations. Title 14 CFR part 91, § 91.9 requires that a flight manual (or the equivalent information for aircraft certified without a flight manual) be available in the aircraft for flightcrew personnel use and guidance during flight operations. To satisfy the part 121 and 135 requirements, operators may use either the approved Airplane Flight Manual (AFM) or the approved Rotorcraft Flight Manual (RFM), as applicable, or they may develop, obtain approval for, and use a Company Flight Manual (CFM). AFMs or RFMs, as applicable, are acceptable for satisfying the regulations in cases of small, simple aircraft. The Federal Aviation Administration (FAA)‑preferred practice for all other aircraft, however, is for operators to develop a CFM that includes procedures specifically tailored to the operator’s operations. Operators who operate multiple aircraft types usually find it efficient to collect policies, procedures, and guidance common to all aircraft in a single manual such as a Flight Operations Policy Manual (FOPM). In this case, the CFM contains only those policies, procedures, and guidance that apply to the operation of the specific aircraft. POIs shall use this section as guidance when evaluating an operator’s AFMs, RFMs, or CFMs.

3-3232    APPROVED AFMs OR APPROVED RFMs. Title 14 CFR part 21, § 21.5(a) requires that aircraft manufacturers provide an approved AFM or an approved RFM with each aircraft certified after March 1, 1979. Prior to this date, approved flight manuals were required only for transport category airplanes. Proposed AFMs and RFMs are reviewed by a Flight Manual Review Board (FMRB) and, based on the FMRB’s recommendation, are approved by the manager of the applicable Aircraft Certification Office (ACO) when the aircraft is certified.

A.    Approved Sections of AFMs and RFMs. AFMs of transport category airplanes contain three sections, which are reviewed by the FMRB and approved by the ACO. These are the procedures, performance data, and limitation sections. Weight and Balance (W&B) limits for transport category airplanes are given in the limitations section. AFMs of airplanes approved under 14 CFR part 23 or rotorcraft approved under 14 CFR part 27 or 29 contain four approved sections: procedures, performance data, limitations, and W&B.

1)    Procedures Section of AFMs for Complex Aircraft. The procedures section of an AFM of complex aircraft is typically not suitable for flightcrew use in air transportation operations. The certification regulations only require that the procedures section of an AFM or RFM contain specific and detailed procedural information related to the unique characteristics of the aircraft. These manuals are not required to contain each and every procedure necessary to operate the aircraft. Most manufacturers of complex aircraft develop and have approved only those procedures necessary to certify the aircraft. The certification regulations do not require that procedural information be expressed in a sequential, step‑by‑step format suitable for publication in a checklist. AFM procedural information may be supplied in narrative format. POIs must ensure that operators have rewritten such AFM procedures to make them suitable for flightcrew use in parts 121 and 135 operations.
2)    Performance Data Section of AFMs for Complex Aircraft. AFMs for complex aircraft contain extensive performance data sections. All performance information necessary to operate the aircraft in revenue operations is in this section. The AFM performance data section of a complex aircraft is typically not suitable for flightcrew use. This section is suitable for use by performance engineers.
3)    Procedures and Performance Data Sections under Parts 23 and 27. AFMs and RFMs of smaller, less complex aircraft certified under part 23 and helicopters certified under part 27 typically contain performance data and procedures sections that are suitable for flightcrew use. POIs of operators using these aircraft shall review the applicable manual to ensure that these sections are appropriate for flightcrew use in the operation being conducted.

B.    Unapproved Sections of AFMs and RFMs. In addition to the approved sections of AFMs and RFMs, aircraft manufacturers often include other information that does not require approval under the certification regulations in an AFM and RFM. For example, a manufacturer may include systems descriptions, recommended procedures, or correction factors for wet runways in an accepted section. The FMRB does not formally review this type of information and the ACO does not approve it. The ACO only acts on this type of information when some part of the information has been discovered to be unacceptable and then brought to the attention of the ACO.

C.    Use of AFMs or RFMs as Flight Manuals. When an operator proposes to use an AFM or RFM as the required flight manual, the POI must review both the approved and unapproved sections of the manual. The POI must determine that the information in the AFM is presented in a manner that is suitable for use by the flightcrew, that it is compatible with the type of operation conducted by the operator, and that it contains all of the required information and procedures.

1)    Certification Regulations Versus Operational Requirements. Aircraft currently used in air transportation operations have been certified under the provisions of 14 CFR parts 23, 25, 27, 29; Special Federal Aviation Regulations (SFAR) 23 or SFAR 41, or preceding regulations such as SFAR 422, Civil Aviation Regulations (CAR) 3, CAR 4, or Aero Bulletin 7; or under the regulations of another government and accepted by the United States in accordance with § 21.29. The assumptions, limitations, and requirements of these aircraft certification regulations may differ from the operational requirements of parts 121 and 135. The direction and guidance concerning procedures and performance that operators must provide to flightcrews for aircraft operations under part 121 or 135 is normally more comprehensive than that published in an AFM or RFM. For example, basic crew coordination procedures such as standard altitude awareness callouts during departures and approaches are not usually in an AFM or RFM.
2)    Supplementary Information. When a POI finds that the procedures or performance information published in an AFM or RFM is insufficient for the operation to be conducted, the POI shall require the operator to develop supplementary information and make it available to flightcrew members. It is acceptable for operators using an AFM or RFM as the required flight manual to place supplementary information in a section of the General Operations Manual (GOM), such as an FOPM or a flight training manual.
Indicates new/changed information.
3)    Aircraft Certified Without an AFM or RFM. An AFM or RFM may not have been prepared for an airplane or rotorcraft certificated before March 1, 1979. Section 91.9(b)(2) requires that the same information required to be in an AFM or RFM be available aboard these aircraft. The only practical method for meeting this requirement for aircraft of 6,000 pounds maximum takeoff weight (MTOW) or more is for the operator to prepare a CFM that contains performance, procedures, and limitations. Some smaller aircraft may be operated satisfactorily with the information presented by placards in the aircraft.
Indicates new/changed information.

3-3233    CFMs. A CFM containing the required information and approved by the POI under the provisions of this order is an approved flight manual for the purposes of § 91.9(b)(1) or (2), § 121.141(b), or § 135.81(c). An approved CFM is the only flight manual that needs to be carried aboard an aircraft. POIs must evaluate an operator’s CFMs using the guidance that follows.

A.    Identification as a Flight Manual. POIs must ensure that a CFM is clearly marked as an approved flight manual for a specific operator. Sections of a CFM that contain approved information must also be clearly identified (see Volume 3, Chapter 32, Section 2, paragraph 3‑3156 for specific guidance on identifying approved information).

B.    Approved Sections of a CFM. POIs must ensure that the approved sections of a CFM contain all of the information that is required by the flightcrew to operate the aircraft. POIs should evaluate the approved sections of a CFM for the following:

1)    The procedures section of a CFM must contain all procedures required by the AFM or RFM for each operation the operator conducts. As a minimum, the operator must include sufficient detail to allow a trained crew to safely and effectively operate the aircraft. The procedures section of the manual may be divided into subsections such as normal, non‑normal, and emergency procedures.
2)    The operator’s performance data in a CFM must contain the data from the AFM or RFM and instructions on how to use that data. Operators may assign the responsibility for performing takeoff and landing data computations to flightcrew or ground personnel. The flightcrew must have access to adequate data in the cockpit (including information for the specific airport and runway to be used) to perform the computations for which they are responsible. When takeoff and landing data is presented in tabular format for specific runways, it is often referred to as an airport analysis. Performance data may be published under separate cover and be given titles such as Performance Manual or Airport Analysis. When performance data is published under separate cover, it must be identified as a portion of the CFM. Takeoff and landing performance data may be stored in an onboard or ground‑based computer (see Volume 4, Chapter 3, for guidance on the approval of aircraft performance and airport data acquisition systems).
3)    The limitations section of a CFM must be clearly identified as FAA approved. The limitations section of a CFM must contain each limitation that is contained in the AFM or RFM (see paragraph 3‑3243 for further details).

C.    Accepted Sections of a CFM. Accepted sections of a CFM may contain supplementary information such as aircraft and systems descriptions, an expanded explanation of procedures, special policies and procedures, and other selected topics pertinent to operation of the aircraft type. The accepted sections of a CFM must conform to the regulations and safe operating practices but do not need to conform to corresponding sections of the AFM or RFM, either in format or content. POIs should ensure that the CFM developed by or for the operator contains sufficient explanation and guidance for flightcrew use in the safe operation of the particular aircraft type. Background information or information that is not specific to the operation of the particular aircraft should be placed in a section of the GOM, rather than in a supplementary section of the CFM.

3-3234    AIRCRAFT SYSTEMS DESCRIPTION. Operators must provide crewmembers with a systems description of an aircraft’s systems and components that contains sufficient detail to allow flightcrew members to adequately understand and perform all procedures in the flight manual. AFMs, RFMs, and CFMs may or may not contain a systems description section. The aircraft systems description section of a manual is accepted as opposed to approved. Operators may choose to place the systems description information in an accepted section of a CFM or in a section of the GOM, such as a training manual.

3-3235    PROCEDURES. POIs should not construe procedures published in an AFM or RFM to be the only or best means of accomplishing a specific objective. Because AFM or RFM procedures are formulated primarily for aircraft certification purposes, POIs should encourage operators to develop procedures appropriate to revenue operations for inclusion in a CFM.

A.    Procedures incorporated in a CFM should be tailored by the operator to accommodate the operator’s type of operation, fleet standardization objectives, and cockpit management objectives. As an operator’s operations become more complex, it is progressively more important to include detailed guidance in the flight manual, which is specifically tailored to the operator’s operations.

B.    Aircraft that have been modified by Supplemental Type Certificate (STC) or by field approval (FAA Form 337, Major Repair and Alteration (Airframe, Powerplant, Propeller, or Appliance)) may require different procedures than unmodified aircraft. POIs must coordinate approval of procedures with principal maintenance inspectors (PMI) to ensure that modifications are accounted for in the operator’s procedures.

C.    Procedural information included in a CFM must be presented in a step‑by‑step format. A procedural step in an AFM or RFM procedure must be included in the equivalent CFM procedure, unless the POI approves the deletion through the process described in subparagraph 3‑3235I.

D.    Operators are responsible for developing effective standard operating procedures (SOP). The development process for SOPs consists of the operator or other qualified party (such as the manufacturer) conducting a painstaking task analysis of the man‑machine‑environment relationship. Although this analysis is time consuming and expensive, it is necessary to meet the required level of safety in air transport operations. General guidelines for POIs to use when evaluating these procedures are contained in paragraph 3‑3236. Specific guidelines for developing aircraft operating procedures are almost nonexistent. This chapter contains the best information available at the time of publication. POIs should bring the information in this chapter to the operator’s attention. Further guidance will be added to this chapter as it becomes available. POIs should encourage those operators that do not have extensive experience in developing their own procedures to follow the manufacturer’s recommendations.

E.    POIs should ensure that operators standardize their operating procedures both within and across aircraft types to the greatest extent possible. POIs should make operators aware of the following information concerning procedures for standardization.

1)    Standardized procedures promote understanding and effective communications between crewmembers. Research has shown that standardized procedures and effective communications are significant factors in reducing error in the cockpit and in enhancing safety.
2)    Crewmembers of most large operators operate numerous different aircraft during their career. Standardized procedures enhance a crewmember’s transfer of learning and minimize negative transfer when the crewmember transitions from one aircraft to another.
3)    A complete standardization of procedures is not possible when there are significant differences between manufacturers and installed equipment. A high degree of standardization, however, is possible. For example, the flight procedures for: engine failure after takeoff decision speed (V1), engine fire after V1, and a missed approach with an engine out, can be designed to be identical. Each procedure might include the aircraft climbing at a reference speed to an identical cleanup height, then accelerating, then retracting the flaps, and then continuing the climb at specified engine‑out climb speed. The reference speeds might change depending on the aircraft weight, but the procedure could otherwise be identical. If the operator designed these procedures carefully, they could be used on all aircraft in the operator’s fleet.

F.    POIs may approve combined procedural steps. For example, an AFM or RFM procedure specifies a two‑step procedure such as the following: Step 1—Smoke Goggles On, and Step 2—O2 Mask On. The POI could approve a one‑step procedure such as the following: Step 1—Smoke Goggles and O2 Mask On. If there is a specific reason, however, for not combining the steps, the POI must not approve such combinations. For instance, in the previous example, if for some reason the smoke goggle has to be put in place before the O2 mask can be put into place, the two‑step procedure should be retained.

G.    POIs may approve an arrangement of procedural steps in a different sequence from the sequence in the AFM or RFM. The operator must demonstrate to the POI’s satisfaction that the change in sequence is safe and effective through validation testing. The POI must ensure that adverse effects are not introduced. For example, with many aircraft the flaps are required to be extended or the trim to be set to specific settings before an adequate control check can be accomplished. If this sequence is reversed, the control check is invalid.

H.    POIs may approve the combination of similar procedures into a single procedure. For example, it may be desirable for an operator to combine engine fire, engine failure, and severe engine damage procedures into a single procedure. POIs may approve the resulting procedure when validation testing shows the procedure to be clear, easy to use, and if it retains the safeguards of the individual procedures it replaces. If the combined procedure results in a complex and error‑prone procedure, the POI should not approve it.

I.    The POI will require the operator to present evidence that newly developed procedures are effective. This may be done by analysis, documentation, or validation tests. Tests may be conducted by the manufacturer, the operator, or another competent party (such as a contractor). The POI or a designated inspector qualified in the aircraft must evaluate the effectiveness of such tests.

J.    If the POI has any question about the validity or safety of an operator‑developed procedure, the POI should consult with the appropriate Aircraft Evaluation Group (AEG). When a policy question arises, POIs should request guidance from the regional Flight Standards division (RFSD) or, if required, from the Air Transportation Division (AFS‑200) through the RFSD. All such questions must be resolved before the POI approves the procedure.

3-3236    NORMAL PROCEDURES. The normal procedures section of a CFM must contain procedures for each normal operation that flightcrew members are required to perform. Each normal procedure should be amplified by the operator with sufficient instruction to ensure that the procedure is properly accomplished. POIs must ensure that this instruction is thorough enough to provide the least‑experienced flightcrew member with sufficient information to perform the procedures.

A.    Many operators include normal operating checklists and an explanation of how to accomplish each step of the checklists in the normal procedures section of the CFM. This is an acceptable practice; however, it is important to understand that an explanation of how to perform the normal checklist is not the only material required in the normal procedures section of a CFM. Guidance for operational procedures for which there are no checklists (such as the takeoff procedure) must also be addressed. Procedures for crew coordination and for the use of checklists must be included. The procedures section of a CFM must contain clearly specified crew duties. For example, the procedures section should contain a specific assignment for the crewmember that is responsible for setting power and maintaining directional control when the second in command (SIC) is conducting a takeoff.

B.    POIs may require the operator to develop and publish normal procedures in a CFM, which are not in the AFM or RFM, when the procedures are necessary to ensure an adequate level of safety. Instrument approach procedures (IAP), adverse weather operations, long‑range navigation (LORAN), and special procedures for Category (CAT) II and CAT III operations are all examples of required normal procedures that may not be in an AFM or RFM.

C.    Operators may need to develop extensive procedures for operating computer‑based systems in the cockpit. A description of computer displays and controls does not normally provide a crewmember with adequate information to operate such systems. Procedures for computer operations should be keyed to menus and display prompts. Procedures should be written in an interactive format rather than as a rote listing of key strokes.

3-3237    MANEUVERS AND PROCEDURES DOCUMENT. Sections 121.403(b)(3) and 135.327 (b)(3) require that operators publish “detailed descriptions or pictorial displays of the approved normal, abnormal, and emergency maneuvers, procedures and functions that will be performed during each flight training phase or flight check, indicating those maneuvers, procedures and functions that are to be performed during the in‑flight portions of flight training and flight checks.” Operators must obtain approval of the maneuvers and procedures descriptions before they may be published. The preferred procedure for obtaining approval is the document method described in Volume 3, Chapter 32, Section 2, subparagraph 3‑3152B4).

A.     Before approving the operator’s “maneuvers and procedures document,” POIs must ensure that it contains the tolerances that must be maintained in training and checking. POIs must ensure that the operator’s standards are appropriate for the aircraft being flown and for the operation being conducted. Operators should use the practical test standards (PTS) (the current edition of FAA‑S‑8081‑5, Airline Transport Pilot and Aircraft Type Rating Practical Test Standards for Airplane), any applicable Flight Standardization Board (FSB) reports, the manufacturer’s recommendations, and Volume 5 to establish these standards. POIs should use the guidance that follows when evaluating the standards used in an operator’s maneuvers and procedures document.

1)    The standards in FAA‑S‑8081‑5 (PTS) are particularly appropriate for pilots of single‑engine and multiengine general‑purpose families of airplanes and helicopters. There are many cases, however, in which the PTSs are inappropriate. For example, many large aircraft have speed command systems in which the correct final approach speed varies according to the center of gravity (CG) and flight conditions.
2)    When the operator conducts special operations, such as lower‑than‑standard minimum takeoffs, the POI shall ensure that the tolerances the operator chooses are appropriate to that operation. For example, on a Runway Visual Range (RVR) 600 takeoff with an engine loss, the applicant must be able to continue to track the runway centerline (RCL) lights until the aircraft is rotated to the takeoff attitude.

B.    Operators may choose to publish the maneuvers and procedures description in a section of the GOM for reference by flightcrew members. The FAA recommends, however, that this description be placed in a section of the flight manual where it is available for in‑flight reference.

3-3238    NON‑NORMAL AND EMERGENCY PROCEDURES. Non‑normal (or abnormal) and emergency procedures in an AFM or RFM are usually presented in more detail than are normal procedures. The steps and the order of steps in these procedures are often critical. POIs must exercise caution in approving the modification of non‑normal and emergency procedures. The effects of most procedural steps on the airworthiness of the aircraft are obvious, but the effects of some are not. For example, it may be necessary to depressurize a hydraulic system to successfully perform a manual landing gear extension. Deleting a step or a change in the sequence steps of such a procedure could make the procedure ineffective. There have been instances in which operators have erroneously proposed modifying an AFM or RFM procedure, and POIs have unintentionally approved the modification, which invalidated the certification basis of the aircraft. POIs should use the guidance that follows when evaluating an operator’s non‑normal or emergency procedures in AFMs, RFMs, or CFMs.

A.    When an operator proposes to modify a non‑normal or emergency procedure, the operator must show that the modified procedure does not adversely affect the airworthiness of the aircraft. The operator may establish the safety and effectiveness of proposed procedures by analysis, documentation, or validation tests.

B.    POIs must contact the applicable AEG and obtain concurrence before approving deletion of an item or the rearrangement of items on these checklists. AEG concurrence may be expressed informally (by telephone). AEG concurrence is not required if the operator provides evidence that the AEG has already concurred with the identical procedure for another party (such as another operator or manufacturer).

3-3239    IMMEDIATE ACTIONS. An immediate action is an action that must be accomplished so expeditiously (in order to avoid or stabilize a hazardous situation) that time is not available for a crewmember to refer to a manual or checklist. Crewmembers must be so familiar with these actions that they can perform them correctly and reliably from memory. POIs must ensure that immediate action situations are included in an operator’s AFM, RFM, or CFM, as appropriate. Situations that require immediate action include, but are not limited to the following:

·    Imminent threat of crewmember incapacitation.

·    Imminent threat of loss of aircraft control.

·    Imminent threat of destruction of a system or component, which makes continued safety of the flight and subsequent landing improbable.

A.    Under this criteria, a flightcrew donning oxygen masks in response to a depressurization or turning off the fuel and ignition in case of a hot‑start are situations requiring mandatory immediate action items. The loss of thrust on a jet engine during cruise, however, would not normally require an immediate action item according to these criteria.

B.    POIs must ensure that immediate action items are explicitly identified as such in an operator’s CFM. It is not acceptable for immediate action items to be hidden (not specifically identified as an immediate action) in procedures or checklists.

C.    Certain situations that either require or appear to require immediate action have proven to be a stimulus for evoking incorrect and inappropriate flightcrew actions. Therefore, immediate action items must be strictly limited to only those actions necessary to stabilize the situation. POIs must ensure that all remaining actions are accomplished by “challenge‑do‑verify” (CDV) checklists (see Volume 3, Chapter 32, Section 12).

D.    POIs may approve an operator’s proposal to replace immediate action items in an AFM or RFM procedure with CDV checklist procedures in a CFM, provided the operator shows compliance with the criteria in this paragraph and also demonstrates an equivalent level of safety through validation tests.

3-3240    MANDATORY CONFIRMATION ITEMS. There are certain critical procedural steps that must be confirmed by a second crewmember before the step may be taken. POIs must ensure that an operator’s procedures, which contain such critical procedural actions, must clearly identify the critical actions and the crewmember who is responsible for giving the confirmation. The types of procedural actions that require this confirmation include the following:

·    Actions resulting in the shutdown of an engine.

·    Actions resulting in the deactivation of flight controls.

·    Actions that if performed incorrectly, in the wrong sequence, or at the wrong time produce a catastrophic result, even if the incorrect action is not highly likely.

·    Actions where past experience or analysis has shown that there is a high probability for error or incorrect action and which creates a hazardous situation.

3-3241    CREWMEMBER ROLES. The CFM must clearly define the various crewmember roles and responsibilities. POIs should use the following guidance when ensuring that the operator clearly states policy and guidance for cockpit management in the AFM, RFM, or CFM, as applicable.

A.    Pilot in Command (PIC) Responsibilities. The operator’s policy and guidance should make it clear that the PIC’s primary responsibility is to manage the actions of the crew and the conduct of the flight. While the PIC may delegate the management of the flight and manipulation of the controls to the SIC, the CFM must not indicate that the PIC can delegate the responsibility for safe conduct of the flight.

B.    Responsibilities of Flightcrew Members Not in Command. The operator’s flight manual should contain policy and guidance to those flightcrew members not in command as to their responsibilities to the PIC and their responsibilities for the safe conduct of the flight.

C.    SIC Responsibilities. The CFM must contain guidance for the PIC concerning the conditions and circumstances in which an SIC may operate the aircraft. The operator’s policies must delineate the limits of authority delegated to the SIC when the SIC is the Pilot Flying (PF). The operator’s policies should address crew management in critical situations. For example, there may be certain situations in which the SIC should be the PF so that the PIC can concentrate on managing those situations, particularly ensuring that required actions and appropriate checklists are properly accomplished. Procedures for transfer of control must be clearly addressed in the CFM.

D.    Communications. In general, proper cockpit management requires effective communication and cooperative action between crewmembers, which form consecutive closed loops. A diagram of this interaction is in Figure 3‑123A, Effective Communication and Cooperative Action Between Crewmembers.

E.    Coordination. Research has shown that effective flightcrews coordinate their actions before any action is required. POIs shall ensure that CFMs contain a requirement for briefings and also adequate guidance for the content of those briefings.

Figure 3‑123A.  Effective Communication and Cooperative Action Between Crewmembers

Figure 3-123A, Effective Communication and Cooperative Action Between Crewmembers

3-3242    OPERATIONS NOT EVALUATED IN AIRCRAFT CERTIFICATION. If the operator proposes to conduct operations that have not been evaluated during aircraft certification, the POI must ensure that the operator has developed and obtained approval of procedures for the conduct of the proposed operation. Such operations are often indicated by the absence of a procedure for the operation in the AFM or RFM. Examples of such operations could include powerback and taxi with engine shutdown. POIs should use the following guidance when evaluating those operations not evaluated during aircraft certification.

A.    POIs must ensure that each operation conducted must be specifically addressed by a procedure. For example, it should not be assumed that a procedure for shutting down and then restarting an engine during a taxi delay is equivalent to a procedure for delaying an engine start on initial taxi‑out. The same procedure may not be used for more than one operation unless analysis shows that more than one operation may be safely conducted using the same procedure.

B.    POIs must ensure that an operational procedure is thoroughly coordinated with Airworthiness inspectors. Since adverse effects that a procedure could cause to the airworthiness of an aircraft or its systems may not be immediately apparent, the POI must ensure that coordination with Airworthiness inspectors is required. For example, a procedure for taxiing with engine shutdown could have a detrimental effect on the landing gear system if high asymmetrical engine thrust is used during sharp turns. If there is any question concerning the effects a procedure may have on the airworthiness of the aircraft, the POI must coordinate with and obtain concurrence from the appropriate AEG before granting approval of the procedures.

3-3243    LIMITATIONS. POIs must ensure that when operating limitations are incorporated in a CFM, each limitation was transferred from the AFM or RFM. POIs should use the following guidance when evaluating the limitations of an operator’s CFM.

A.    POIs should evaluate the operator’s CFM to ensure that all AFM or RFM operating limitations are published in the CFM and are clearly identified as AFM or RFM limitations (see Volume 3, Chapter 32, Section 2, subparagraph 3‑3152B)). The limitations section of a CFM must contain every limitation from the AFM or RFM. Operators may add limitations to CFMs that were not in an AFM or RFM limitation. One method of accomplishing this is for the operator to express all operator‑imposed limitations as policy statements in applicable procedures. When the operator chooses to blend AFM or RFM and operator‑imposed limitations in the limitations section of a CFM, the POI must ensure that the operator used a method for clearly distinguishing each AFM or RFM limitation from the operator‑imposed limitations.

B.    The operator is responsible for informing crewmembers of all AFM or RFM operating limitations. Crewmembers are responsible for observing all AFM or RFM limitations. The POI must ensure that the CFM contains a statement that crewmembers are responsible for being aware of and for observing all limitations.

3-3244    SELECTED PRACTICES. POIs with certificate management responsibilities shall review their respective operator’s operations manuals. This review should clarify under what conditions and circumstances flightcrews can make independent determinations about what constitutes a maintenance irregularity or discrepancy regarding departure when maintenance irregularities are noted at non‑maintenance stations.

A.    POIs shall determine whether operator’s operations manuals contain criteria for the responsibilities of flightcrews during preflight and postflight inspection, when maintenance irregularities or discrepancies are noted at non‑maintenance stations.

B.    When procedural discrepancies are discovered in the operations manuals, POIs should take the necessary action to have those manuals corrected.

RESERVED. Paragraphs 3‑3245 through 3‑3260.


5/14/14                                                                                                                                            8900.1 CHG 240

Volume 3  General technical administration

Chapter 51  PART 133 EXTERNAL‑LOAD OPERATIONS

Section 3  Evaluate a Rotorcraft‑Load Combination Flight Manual

3-4126    PROGRAM TRACKING AND REPORTING SUBSYSTEM (PTRS) ACTIVITY CODES.

A.    For Initial Certification: 1302.

B.    Revisions: 1303.

3-4127    OBJECTIVE. Ensure that an operator’s Rotorcraft‑Load Combination Flight Manual (RLCFM) meets regulatory requirements and provides adequate procedures and guidance for safely conducting external‑load operations. Successful completion of this task results in the approval of an RLCFM as part of a package of documents required for initial certification, the addition of a specific class of authorization, or the disapproval of an RLCFM.

3-4128    GENERAL.

A.    Authority. Title 14 of the Code of Federal Regulations (14 CFR) part 133, § 133.47 requires the operator to develop an RLCFM as part of the application package for certification of rotorcraft external‑load operations.

1)    Section 133.47(a) requires the RLCFM to include the operating limitations, procedures, performance, and other information established under this subpart of 14 CFR. This also includes the information established during operational flight checks performed under § 133.41.
2)    The operator should place limitations, procedures, performance, and other information not included in the approved Rotorcraft Flight Manual (RFM) into the RLCFM. (See Volume 2, Chapter 7, Section 1.)

B.    Content. Section 133.47 outlines instructions and specifications for the contents of the RLCFM. Title 14 CFR part 27 subpart G or 14 CFR part 29, whichever is applicable, requires the establishment of operating limitations and other information necessary for safe operation. The RLCFM provides a means of conveying this information to the crewmembers.

C.    Purpose. The RLCFM provides the information necessary for the safe carriage of external‑loads.

D.    Developing an RLCFM. The RLCFM must cover each class of external‑load operation conducted with a specific rotorcraft.

1)    The operator must prepare an RLCFM for each rotorcraft, even if some makes and models are similar. The manufacturer’s calculation of performance data and operating limitations may be unique for each rotorcraft.
2)    An operator planning to add or delete a load class must revise the RLCFM accordingly to reflect the safety considerations.

E.    Initiation. The applicant for a part 133 external‑load operating certificate must submit two copies of an RLCFM for review and approval or one electronic copy, if acceptable, to the Flight Standards District Office (FSDO). The applicant must prepare the RLCFM in conformance with part 27 subpart G or part 29 subpart G.

F.    Operator Briefing. The inspector usually advises an operator on how to prepare the RLCFM. Use the sample RLCFM (Figure 3‑133, Sample Rotorcraft‑Load Combination Flight Manual) as a guide for the operator. However, the operator’s RLCFM is not limited to the sample given. For example, information pertinent to any optional equipment that affects procedures (normal and emergency) during external-load operations, such as supplemental portable safety devices (PSD), should also be included in the applicable section(s) as determined by the operator. The operator should describe the step‑by‑step actions that personnel must perform to ensure compliance with the regulation. The inspector may brief the operator informally during a telephone conversation or in person as described in Volume 2, Chapter 7, Section 1.

3-4129    ISSUES AND GUIDELINES FOR PREPARING THE RLCFM.

Indicates new/changed information.

A.    An Acceptable Level of Report. An RLCFM is complete and acceptable if it reports all of the items enumerated in subparagraph 3‑4133C, fulfills the requirements of part 27 subpart G or part 29 subpart G, and contains complete and accurate figures.

B.    Determine Authorized Weights. Use the following methods to assess how maximum authorized weights are determined:

1)    Determine the maximum external‑load weight for each load class for which the operator requested approval. Record the maximum weight in the “weight authorized” column on the reverse of Federal Aviation Administration (FAA) Form 8710‑4, Rotorcraft External‑Load Operator Certificate Application. This weight is the attaching means’ maximum weight capacity.
2)    Some rotorcraft authorizations allow operation at weights above the normal maximum gross weight when the cargo hook carries the excess weight. The RFM or Rotorcraft Flight Manual Supplement (RFMS) describes these higher weights. Sometimes a rotorcraft may have other approved special equipment installed that lowers or raises the maximum attaching means’ weight. The “limitations and remarks” column of the inspector report (reverse side of FAA Form 8710‑4) should reflect any information concerning a maximum weight limit or a special equipment installation the inspector may wish to enter.
3)    Many other factors affect the maximum weight that a rotorcraft could carry. The operator should clearly delineate those factors within the RLCFM. Each operator should develop procedures to guide their pilots in calculating the various factors that affect rotorcraft performance. Maximum weights based on rotorcraft structural limitations are not the only limiting factor. Some other considerations are rotorcraft empty weight, fuel required for operation, fuel reserve, crew weight, density altitude, and one engine inoperative performance. The RLCFM should discuss each of the factors and describe how the pilot applies them to each external‑load operation.
4)    Table 3‑122, Weight Calculation, shows one way to calculate weight.

C.    Center of Gravity (CG) Considerations. The RLCFM should contain information for use by the pilot in determining both the longitudinal and the lateral CG.

1)    The RLCFM must contain information for calculating longitudinal and lateral CG (when lateral information is available) for each class of external‑load authorized, or reference the RFM for this information.
2)    The RLCFM must contain a list of maximum airspeeds and weights for each load class demonstrated during operational flight checks. If the RLCFM was written before these were accomplished, return the document after the flight checks, and have the operator put the list in the RLCFM.

Table 3‑122.  Weight Calculation

Maximum gross weight           ____________

minus

Rotorcraft empty weight         ____________

minus

Fuel required for operation     ____________

minus

Fuel reserve                             ____________

minus

Pilot weight                             ____________

equals

Maximum authorized weight  ____________

(not to exceed maximum gross weight or maximum attaching means weight)

 

3-4130    REVISIONS. The inspector must approve RLCFM revisions before printing and distribution. Revisions must also conform to regulatory requirements. If a printed and distributed RLCFM revision does not conform to the appropriate regulations or the operating certificate, the inspector should immediately notify the operator in writing, requesting appropriate action to resolve the problems (see Figure 3‑134, Letter Rejecting Rotorcraft-Load Combination Flight Manual or Proposed Revision). For subsequent revisions to the RLCFM, the inspector needs to sign only the record of revisions, the table of contents, and the revised pages. Alternatively, if the operator includes a List of Effective Pages (LEP) or control page, the inspector may approve revisions by signing only these pages.

3-4131    PREREQUISITES AND COORDINATION REQUIREMENTS.

A.    Prerequisites. This task requires knowledge of part 133 regulatory requirements and FAA policies, qualification as an aviation safety inspector (ASI) (Operations), and experience as a rotorcraft external‑load pilot.

B.    Coordination. This task requires coordination with the airworthiness unit, and may require coordination with the Aircraft Certification Office (ACO).

3-4132    REFERENCES, FORMS, AND JOB AIDS.

A.    References (current editions):

·    Title 14 CFR Parts 1, 21, 27, 29, 91, and 133;

·    Approved RFM;

·    Advisory Circular (AC) 91‑32, Safety In and Around Helicopters;

·    AC 133‑1, Rotorcraft External‑Load Operations in Accordance with Part 133;

·    SAFO 13010, Title 14 of the Code of Federal Regulations (14 CFR) part 133 and Spinning Loads;

·    InFO 12015, Classifying and Using a Belly Band System as a Portable Safety Device (PSD) in Part 133 Operations;

Indicates new/changed information.

·    FAA‑H‑8083‑1, Aircraft Weight and Balance Handbook; and

·    PTRS Procedures Manual (PPM).

B.    Forms. None.

C.    Job Aids:

·    Sample RLCFM, and

·    Sample letters and figures.

3-4133    PROCEDURES.

A.    Brief the Applicant. Advise the operator to develop a document describing the procedures to be used to comply with the requirements outlined in subparagraph 3‑4133C. Inform the applicant that the RLCFM must be approved by the inspector prior to use.

B.    PTRS. Open the PTRS record.

Indicates new/changed information.

C.    RLCFM Contents. Review the RLCFM for completeness of content and accuracy of the figures. Refer to §§ 133.41, 133.43, 133.45, and 133.47 for a list of requirements that the RLCFM must meet. (Figure 3‑133 contains a sample RLCFM. This sample is not all-inclusive and the operator’s RLCFM should be tailored to address applicable information related to optional equipment used.)

Indicates new/changed information.
1)    The RLCFM should state the operating limitations, normal and emergency procedures, performance, and other applicable information from part 27 subpart G or part 29 subpart G, whichever is applicable. It should also contain guidelines for the appropriate control of spinning loads and consideration for the use of a swivel device. If conducting Class D loads, the RLCFM must contain the performance data required to calculate hover capability with one engine inoperative throughout a permissible weight and altitude range per § 133.45(e)(1).
2)    Section 133.47(b) requires the RLCFM to set forth the Classes (A, B, C, D) of demonstrated airworthiness of the rotorcraft.
3)    The RLCFM must include a section that gives the following information:
a)    Information on any peculiarities discovered when operating with particular rotorcraft load combinations;
b)    Precautionary advice about static electricity discharges for Class B and D loads;
c)    Procedures for computing lateral and longitudinal CG, if not adequately described in the RFM (the applicant usually must compute the lateral CG for each class when lateral information is available); and
d)    Any other information considered essential for the safe operation of external loads.
4)    The RLCFM must have a list of the maximum airspeeds and weights demonstrated while performing operational flight checks conducted by the manufacturer or the operator.

D.    Results of RLCFM Evaluation.

1)    If the RLCFM is satisfactory, the certification project manager (CPM) (for an initial certification) or the principal operations inspector (POI) (for an existing operator) approves the RLCFM per Volume 2, Chapter 1, Section 1. Return the original to the operator and keep a copy for the file.
2)    If the RLCFM is unsatisfactory, notify the operator in writing, indicating the areas of deficiency (see Figure 3‑134).
a)    Return the RLCFM for correction.
b)    Keep a copy of the letter sent to the operator in the file until the return of the corrected RLCFM.

E.    Revisions. Inform the applicant that to revise the RLCFM, the applicant sends the original of the revision, one copy of the revision, and a new page control sheet or LEP (if used) to the inspector.

1)    Evaluate the revision as per original RLCFM approval.
2)    Approve or reject the revision as per original RLCFM approval.

F.    PTRS. Close the PTRS record.

3-4134    TASK OUTCOMES. Completion of this task results in either of the following:

·    An approved RLCFM or an approved revision; or

·    A letter indicating disapproval of the RLCFM.

3-4135    FUTURE ACTIVITIES. Review and approval of any revisions to the RLCFM.

Figure 3‑133.  Sample Rotorcraft‑Load Combination Flight Manual

ROTORCRAFT‑LOAD COMBINATION FLIGHT MANUAL

[Date submitted for approval]

Modify this sample Rotorcraft‑Load Combination Flight Manual (RLCFM) to reflect limitations and procedures applicable to a specific external‑load operator and the specific rotorcraft and load classes for which approval is given.

Rotorcraft Registration Number: N

Rotorcraft Make and Model:

FAA‑Approved [date]

[Principal operations inspector’s (POI) signature]          [Flight Standards District Office (FSDO)]

Figure 3‑133.  Sample Rotorcraft‑Load Combination Flight Manual (Continued)

CONTENTS

SECTION 1. OPERATING LIMITATIONS

1.    Certification

2.    Persons Aboard

3.    Congested Area Operations

4.    Knowledge and Skills

5.    Required Documentation

6.    Weight and Load Combination

7.    Center of Gravity

8.    Other Limitations

SECTION 2. LOAD‑COMBINATION OPERATING INFORMATION

1.    Information Peculiar to the Load Combination

2.    Required Inspections

3.    Static Electricity Discharges

4.    Other Information Essential to Operational Safety

5.    Ground‑to‑Air Hand Signals

6.    External‑Load Securing Procedures

7.    Fuel Burn/Center of Gravity

8.    Required Placards

9.    Operating Procedures

10.  Safety Precautions

SECTION 3. INFORMATION

1.    General

2.    Flight and Non‑Flightcrew Personnel

3.    Safety Around Helicopters

APPENDIX 1. CONGESTED AREA PLAN APPROVAL

APPENDIX 2. HAND SIGNALS

Figure 3‑133.  Sample Rotorcraft‑Load Combination Flight Manual (Continued)

Section 1. Operating Limitations

In addition to the operating limitations set forth in the approved Rotorcraft Flight Manual (RFM), operate this rotorcraft in accordance with the following operating limitations:

1.  Certification. No person may operate this rotorcraft with an external‑load unless that person holds a FAA Rotorcraft External‑Load Operator Certificate and has a letter of competency or an entry in his or her logbook, as required by Title 14 of the Code of Federal Regulations (14 CFR) part 133, § 133.37(a)(2). The letter of competency or the knowledge and skill test logbook endorsement must be in that person’s possession while conducting operations under part 133.

2.  Persons Aboard. No person who is not a required crewmember may fly aboard the rotorcraft unless that person performs an essential function in connection with the external‑load operation. When the rotorcraft used requires a hoist operator, the air crewmember must wear an approved hoist operator’s safety harness while not seated with a seatbelt fastened.

3.  Congested Area Operations. Do not conduct operations over congested areas unless approved by the FAA FSDO in accordance with a Congested Area Plan (CAP) developed in compliance with § 133.33(d)(1) and (2). (See sample plan in Appendix 1.)

4.  Knowledge and Skills. No person may serve as a pilot of this rotorcraft during external‑load operations, unless that person has passed the knowledge and skill tests required by § 133.23 for the class of operation being conducted.

5.  Required Documentation. A copy of the Rotorcraft External‑Load Operating Certificate and RLCFM will be on this rotorcraft during all external‑load operations.

6.  Weight and Load Combination. The total weight of this rotorcraft and load combination may not exceed:

Make and model ________________________ N‑number ________________

Class A load max weight _____________________ # not to exceed maximum gross weight _____________

Maximum forward airspeed _____________________ knots Other _____________

Make and model ______________________ N‑number _______________

Class B load max weight _____________________ # not to exceed maximum gross weight ____________

Maximum forward airspeed ______________________ knots Other ____________

Exercise extreme caution when carrying Class B external loads because the size and shape of the cargo can affect controllability.

Figure 3‑133.  Sample Rotorcraft‑Load Combination Flight Manual (Continued)

Make and model ______________________ N‑number _______________

Class C load max weight ____________________ # not to exceed maximum gross weight ____________

Maximum forward airspeed _____________________ knots Other ____________

7.  Center of Gravity. The location of the center of gravity (CG) for this rotorcraft and load combination must be within the CG range established during type certification (TC) under 14 CFR part 27 or 29 or special purpose certification of the rotorcraft.

8.  Other Limitations. Other limitations deemed necessary by the operator or contained in the Approved Flight Manual (AFM) or its supplements.

Figure 3‑133.  Sample Rotorcraft‑Load Combination Flight Manual (Continued)

Section 2. Load‑Combination Information

1.  Information Peculiar to the Load Combination. The operator will list information pertaining to the peculiarities of the load combination, such as the following:

·    Oscillating tendencies,

·    Spinning loads,

·    Ground effect,

·    Density altitude,

·    Strong or gusty winds,

·    Abrupt control movements,

·    Acceleration limitation,

·    Maximum Class A lateral load imbalance, and

·    Lateral CG calculation procedure.

Indicates new/changed information.

2.  Required Inspections. Inspect the cargo sling or basket for proper installation and overall condition. Check the load to ensure proper and safe rigging. For Class B and C loads, check the electrical release and the manual release on the ground before flight. Arm the circuit by pushing the cargo release circuit breaker in.

This is an example of information that may be applicable to some types of cargo attach devices:

“Lift the cargo load to a hover, then check the remaining power to determine if there is enough to carry the load safely. While hovering, verify that directional control is adequate. When moving into horizontal flight, use smooth, slow control movements to minimize settling and to prevent the load from swinging. In climbing forward flight, check for hazardous oscillations of the external‑load. When approaching a landing area with a load, identify the delivery point, come in slowly, into the wind, at the shallowest possible angle ensuring that the load clears all obstructions safely. Start bringing in power early to slow your descent and forward airspeed, ending in a hover short of the release point and in view of any ground crew personnel. Follow ground signal instructions to hover over the release point. Place the load on the ground without any movement of the load. When the helicopter is stabilized over the load and has slack in the sling, open the cargo hook by normal means. In the event of electrical failure, use the manual release to drop the cargo load. If any difficulties arise during the flight that warrant an emergency landing, release the load immediately. If for some reason the load will not release, do not drag the load on the ground before touchdown. This may cause the rotorcraft to nose over with inadequate aft cyclic control to compensate.”

3.  Static Electricity Discharges. Before attaching the cargo hook to the load, make sure to ground the rotorcraft to dissipate charges of static electricity that may have built up during flight.

Figure 3‑133.  Sample Rotorcraft‑Load Combination Flight Manual (Continued)

4.  Other Information Essential to Operational Safety. The operator will list any other information essential for safe operation, such as:

·    Precautions to avoid high‑tension wires,

·    Lightning (Class C loads),

·    Radio communications procedures,

·    Crossing over main highways, and

·    Procedures for the placement of cargo at delivery may vary according to a specific operation class.

5.  Ground-to-Air Hand Signals. All personnel engaged in the external‑load operation will be familiar with and use the hand signals found in Appendix 2. (List the procedures used to ensure familiarity.)

6.  External‑Load Securing Procedures. Use the company procedure to make precautionary landings in the event the securing devices become disconnected or loose.

7.  Fuel Burnoff/Center of Gravity. Fuel burnoff and how it may affect the CG en route.

8.  Required Placards.

a.  Place a placard for the maximum external load on each side of the fuselage near the external‑load hook or basket if a Class A load.

b.  Install an instrument panel placard describing load class approval and passenger occupancy limitations.

9.  Operating Procedures. After directing the helicopter into position, one ground crewmember should remain within sight of the pilot to give positive direction with hand signals, or remain in direct radio contact with the pilot, while an appropriate number of other crewmembers attend to the cargo hookup. Hasten all hookups made to the helicopter while it is in a hover to minimize the time the hookup personnel spend underneath the helicopter.

a.  If performing a hookup without the aid of a ground guide and without using direct visual operational contact, an air crewmember should lie prone on the floor and look downward from the main entrance doorway to observe the actions of the ground crewmembers; this crewmember can direct the pilot via the intercom.

b.  Crewmembers should wear approved safety harnesses when not seated with seatbelts fastened.

c.  When giving hand signals to the pilot, a ground crewmember must stand in front of and to the pilot’s side of the helicopter, within sight of the pilot. See Appendix 2 for hand signals.

Figure 3‑133.  Sample Rotorcraft‑Load Combination Flight Manual (Continued)

10.  Safety Precautions. Conduct all Class D operations using only FAA‑approved personnel lifting devices. The crew must calculate one‑engine‑inoperative hover capability at the operating weight and altitude prior to each Class D operation. Conduct each operation with a minimum of two crewmembers onboard the helicopter. Maintain intercom communication between the pilot and other crewmember. This second crewmember must be able to advise the pilot of the status of the lift device and be able to release the empty device should it become necessary. This release must require two separate and distinct actions: arm the system and depress the release button. Where possible, a third person associated with the lift will be in position on the surface and communicating by radio with the pilot. This person’s purpose is to advise the pilot of any safety‑related item and to supervise the loading or unloading of the personnel lifting device. Further, this person should ensure not to exceed the pilot‑determined maximum weight appropriate for this operation.

The operating limitations as set forth in section 1 and the load combination information contained in section 2 are the conditions under which I will conduct this rotorcraft external‑load combination operation.

__________________________

Operator’s signature

Figure 3‑133.  Sample Rotorcraft‑Load Combination Flight Manual (Continued)

Section 3. Information

All personnel associated with an external‑load operation should be familiar with the following information.

1.  General. Serious injuries and fatalities may occur if personnel are not trained on the proper method for approaching or leaving the rotorcraft. The simplest method of avoiding accidents of this sort is to have the rotors stopped when non‑flight personnel are working around the rotorcraft. Because this is not always practical, it is essential that all persons associated with helicopter operations be aware of all possible hazards and instructed in how to avoid them.

2.  Flight and Non‑Flightcrew Personnel. Instruct persons directly involved with boarding or deplaning personnel, rotorcraft servicing, rigging, or hooking up of external‑loads, etc., in their duties. It would be difficult to cover each type of crew training related to the safe operation of helicopters; however, some areas to cover include:

a.  Ground Crew. Instruct ramp attendants and rotorcraft servicing personnel in safe means of accomplishing their specific duties. This includes:

(1)  Keeping persons scheduled to board and unauthorized persons away from the helicopter landing and takeoff areas.
(2)  Briefing boarding personnel on the best way to approach and board a helicopter whose rotors are turning.

b.  Servicing. Proper procedures for rotorcraft servicing include the following:

(1)  Stop the helicopter rotor blades and properly ground both the rotorcraft and the refueling unit before any refueling operation. The pilot should ensure the use of the proper fuel grade and any required additives.
(2)  Refueling the rotorcraft while the blades are turning (hot refueling) may be practical for certain types of operations. However, this can be extremely hazardous when safe procedures are not followed. Pilots should remain at the flight controls during fueling; refueling personnel should be knowledgeable about proper refueling procedures and properly briefed for specific makes and models of rotorcraft. Refueling personnel must communicate with the pilot by radio or using hand signals during hot refueling.
(3)  Position refueling units to ensure adequate rotor blade clearance; keep persons not involved with the refueling operation clear of the area. Verify disconnection and securing of all refueling equipment away from the rotorcraft prior to rotorcraft movement. Always ensure that proper fire extinguishing equipment is readily available when refueling.
(4)  Prohibit smoking in and around the rotorcraft during all refueling operations.

Figure 3‑133.  Sample Rotorcraft‑Load Combination Flight Manual (Continued)

c.  Rigger Training. External‑load rigger training is possibly one of the most difficult and continually changing aspects of the helicopter external‑load operation. A poorly rigged cargo net, light standard, or load pallet could result in a serious accident. It is imperative that all riggers be thoroughly trained to meet the needs of each external‑load operation. Since rigging requirements may vary several times in a single day, proper training is of the utmost importance to safe operations.

d.  Pilot at the Flight Controls.

(1)  Many helicopter operators have been lured into a “quick turnaround” ground operation to avoid delays and to minimize stop/start cycles of the engine. As part of this quick turnaround, the pilot will leave the cockpit with the engine and rotors turning. Such an operation can be extremely hazardous if a gust of wind disturbs the rotor disc, or if a flight control moves, causing the rotor system to generate lift. Either occurrence may cause the helicopter to roll or pitch, resulting in a rotor blade striking the tail boom or the ground.
(2)  Safe operating procedures include pilots remaining at the flight controls whenever the engine is running and rotors are turning. This is especially important when operating near people that are not familiar with helicopter operations. If it is necessary to leave the controls of a running machine, the pilot should:
(i)  Ensure that the controls are secured in accordance with the RFM, and
(ii)  Reduce rotor and engine revolutions per minute (rpm) to the minimum recommended settings.

e.  External‑Load Signalmen Should Know the Following:

(1)  The lifting capability of the helicopters involved. This knowledge is essential because some operators have models of helicopters that have almost identical physical characteristics, but different lifting capabilities.
(2)  The pilots. The safest plan involves standardized procedures for pickup and release of sling loads. Without standardization, the hookup person is required to learn the technique used by each pilot. The hookup person should insist on standardization of pilot techniques for any sort of emergency that may occur while personnel are beneath the helicopter.
(3)  The cargo. Many items carried externally are very fragile. The hookup person must be familiar with potentially hazardous materials (hazmat) and aware of the nature of the potential hazard. Explosives, radioactive materials, and toxic chemicals are examples of possible hazmat. (Title 49 of the Code of Federal Regulations (49 CFR) part 172, §§ 172.101 and 172.102 contain the hazmat commodity lists.) Carriage of hazmats in 14 CFR part 133 operations requires FAA authorization. In addition to knowing the nature of the cargo, hookup personnel should receive training to handle and be familiar with the types of protective gear, clothing, and actions that are necessary for safe operation.

Figure 3‑133.  Sample Rotorcraft‑Load Combination Flight Manual (Continued)

(4)  The appropriate hand signals. When using direct radio communications between ground and flight personnel, assure the specific meaning of hand signals before operations commence.
(5)  Emergency procedures. Ground and flight personnel should fully agree to and understand all necessary actions to take by all concerned in the event of emergency. This prior planning is essential in avoiding injuries when emergencies do occur.
(6)  All aspects of the external‑load operation being conducted. The pilot conducting the external‑load operation will complete a detailed briefing for all personnel, no matter how remotely involved in the operation, prior to starting the operation.

3.  Safety Around Helicopters. Instruct all persons who board a helicopter while its rotors are turning in the safest means of doing so. If at the controls, the pilot may not be able to conduct a boarding briefing. Therefore, the individual who arranged for carriage of the personnel or the individual assigned as a ramp attendant should accomplish this. The exact procedures may vary slightly from one model helicopter to another, but in general, the following should suffice.

a.  Boarding:

(1)  Stay away from the rear of the helicopter.
(2)  Crouch low before walking under the main rotor.
(3)  Approach from the side or front but never out of the pilot’s line of vision, and only when the pilot or ground personnel in contact with the pilot indicate clearance.
(4)  Hold firmly to hats and loose articles.
(5)  Never reach up for or run after a blown‑away hat or other object.
(6)  Protect your eyes by shielding them with your hand or by squinting.
(7)  If suddenly blinded by dust or a blowing object, stop, crouch lower, or sit down, and await help.
(8)  Never grope or feel your way toward or away from a helicopter.

b.  Briefing. Since few helicopters carry Flight Attendants (F/A), the pilot must make the pre‑takeoff briefing. The type of operation will determine what sort of briefing is given, but the briefing should always include:

(1)  The use and operation of seatbelts for takeoff, en route, and landing. Place emphasis on how to release the specific kind of seatbelt installed in the particular rotorcraft. Helicopters do not always use automotive type releases; for instance, some belts use buckles that rotate to open.

Figure 3‑133.  Sample Rotorcraft‑Load Combination Flight Manual (Continued)

(2)  The location and use of flotation gear and other survival equipment that might be onboard, and how and when to “abandon ship” if a ditching is necessary.
(3)  For flights over rough or isolated terrain, tell all occupants where maps and survival gear are located.
(4)  Instruct each person onboard in what actions and precautions to take during an emergency, and how and when to exit after landing in the event of an emergency. Ensure that passengers are aware of the location of fire extinguishers, pyrotechnic signaling devices, life preservers, and other survival equipment. Explain the location and methods of opening normal and emergency exits. The FAA encourages use of a diagram or pictorial display on a passenger briefing card.
(5)  Prohibit smoking within 50 feet of a rotorcraft.

c.  Conditions of Landing. The conditions of the landing determine what passengers should hear in a departing briefing. For example, if on a hill, depart downhill. If this involves walking around the helicopter to avoid the area of lowest rotor clearance, always go around the front, never the rear. The operator may adapt the diagrams included in the current edition of AC 91‑32, Safety In and Around Helicopters, to a passenger briefing card.

Figure 3‑133.  Sample Rotorcraft‑Load Combination Flight Manual (Continued)

Appendix 1. Congested Area Plan Approval

(Submit in duplicate)

Name, Address, Telephone Number of Operator:

Name, Address, Telephone Number of Contractor:

Rotorcraft Identification Number: N

Rotorcraft Make and Model (HU‑369D, etc.):

Rotorcraft Airworthiness Category (Normal, Restricted, Transport):

Pilot Name and Certificate Number:

DATES AND TIMES OPERATION WILL BEGIN AND TERMINATE:

Date

Time begin

Time end

 

 

 

 

 

 

 

 

 

Name, title, and telephone number of appropriate official of the local subdivision who has agreed to exclude unauthorized persons from the operational area, if applicable:

Copy of agreement attached?

List of streets or roads that will be blocked during operation, if applicable:

Ingress/egress routes, if applicable:

(If appropriate) This operation has been coordinated with the following air traffic control facilities:

Description and weight of loads to be carried:

Class: _____________

Description: ________________________________________________

Length of attaching means (includes hook and cable):_____________________

Weight of load: ____________________

Physical size of load: _________________

Figure 3‑133.  Sample Rotorcraft‑Load Combination Flight Manual (Continued)

List of buildings that must be either partially or entirely unoccupied by persons:

Building description/address:

Owners:

Telephone number:

Load penetration (for occupied buildings):

How many floors could the load penetrate if dropped from the highest point of lift above the building?
______ floors

What is maximum height the load will be lifted above building? ______ feet

Are charts, maps, and/or diagrams attached?

Narrative description of pickup site, route, delivery site, and plan for ceasing operation if unauthorized persons enter operational area:

(Use additional sheets as necessary.)

[Company official’s signature]

[Title]

[Date]

Figure 3‑133.  Sample Rotorcraft‑Load Combination Flight Manual (Continued)

SAMPLE DIAGRAM OF CONGESTED AREA PLAN

Sample Diagram of Congested Area Plan indicating Route of Flight, Pick-up Site, Operational Area, and Emergency Landing Site relative to streets 
	and obstructions. Includes information on street blockage and building evacuation.

Figure 3‑133.  Sample Rotorcraft‑Load Combination Flight Manual (Continued)

LETTER OF AGREEMENT FOR CONGESTED AREA

Personnel of the [name of the political subdivision] agree to exclude all unauthorized persons from the operational area described on the attached CAP, which was prepared for rotorcraft external‑load operations. I understand that the operations will be conducted on [dates] and remove the operator’s responsibility to exclude all unauthorized persons from the operational area.

[Name of official]

[Title of official]

[Date]

Figure 3‑133.  Sample Rotorcraft‑Load Combination Flight Manual (Continued)

Appendix 2. Hand Signals

Hand signals used to direct aircraft on the ground.

Figure 3‑133.  Sample Rotorcraft‑Load Combination Flight Manual (Continued)

Hand signals used to direct aircraft on the ground.

Figure 3‑133.  Sample Rotorcraft‑Load Combination Flight Manual (Continued)

Hand signals used to direct aircraft on the ground.

Figure 3‑133.  Sample Rotorcraft‑Load Combination Flight Manual (Continued)

Hand signals used to direct aircraft on the ground.

Figure 3‑133.  Sample Rotorcraft‑Load Combination Flight Manual (Continued)

Hand signals used to direct aircraft on the ground.

Figure 3‑133.  Sample Rotorcraft‑Load Combination Flight Manual (Continued)

Hand signals used to direct aircraft on the ground.

Figure 3‑133.  Sample Rotorcraft‑Load Combination Flight Manual (Continued)

Hand signals used to direct aircraft on the ground.

Figure 3‑133.  Sample Rotorcraft‑Load Combination Flight Manual (Continued)

Hand signals used to direct aircraft on the ground.

Figure 3‑134.  Letter Rejecting Rotorcraft‑Load Combination Flight Manual or Proposed Revision

FAA Letterhead

[Name and address of operator]

Dear [name of operator],

We are returning the revisions submitted for your Rotorcraft‑Load Combination Flight Manual (RLCFM) for the following reasons:

List the specific areas that do not meet the appropriate standard.

Sincerely,

[Principal operations inspector’s (POI) signature]

RESERVED. Paragraphs 3‑4136 through 3‑4150.


6/2/14                                                                                                                                            8900.1 CHG 0

Volume 4  AIRCRAFT EQUIPMENT AND OPERATIONAL AUTHORIZATIONS

Chapter 3  AIRPLANE PERFORMANCE AND AIRPORT DATA

Section 1  Airplane Performance Computation Rules

4-486    GENERAL. This chapter contains direction and guidance to be used by inspectors for reviewing and approving performance data sections of Company Flight Manuals (CFM). This chapter also contains guidance for accepting or approving an operator’s system for acquiring airport data.

A.    Chapter Contents. Section 1 of this chapter is intended as background and reference material. It contains basic explanations of the terms and concepts used in airplane performance computations. Section 2 contains detailed information on the rules applicable to specific airplanes. Section 3 contains specific direction and guidance for the review and approval of performance data sections of CFMs. Section 4 contains specific direction and guidance for the review and approval of airport data acquisition systems. Section 5 contains direction and guidance concerning specific related topics.

B.    How To Use This Chapter. Inspectors should first determine the specific make and model of aircraft involved. In many cases, inspectors must know which modifications have been performed by a Supplemental Type Certificate (STC). Next, inspectors must determine the specific paragraphs that apply to the airplane from Table 4‑10, Airplane Categories for Performance Computation Purposes. An inspector who is generally familiar with the terms and concepts involved may then consult the specific paragraph in Volume 4, Chapter 3, Section 2. Inspectors who are not familiar with the terms and concepts involved will find it useful to review the background material contained in Volume 4, Chapter 3, Section 1, before proceeding to Volume 4, Chapter 3, Section 2.

Indicates new/changed information.

4-487    OVERVIEW OF AIRPLANE PERFORMANCE RULES. Aircraft performance requirements are contained in Title 14 of the Code of Federal Regulations (14 CFR) parts 91, 121, and 135, as applicable.

Indicates new/changed information.

A.    Certification Limitations. Part 91, § 91.9 requires that all flight operations (both air transportation operations and others) be conducted within the limitations approved for that aircraft. These limitations are determined by the Aircraft Certification Service (AIR). Since March 1, 1979, these limitations must be published in an approved Aircraft Flight Manual (AFM) or an approved Rotorcraft Flight Manual (RFM). Before March 1, 1979, the limits could also be presented as placards or by other means. Specific limitations are presented as maximum and minimum values, such as the maximum takeoff weight (MTOW).

B.    Performance Limits. Part 121 subpart I and part 135 subpart I require operators conducting air transportation operations to conduct those operations within specified performance limits. Operators must use Federal Aviation Administration (FAA)‑approved data to show this compliance. The aircraft certification rules require the manufacturer to determine the aircraft’s performance at capabilities at each weight, altitude, and ambient temperature within the operational limits. The performance section of the AFM or RFM presents variable data in tabular or graphic format. Operators must use data extracted from the performance data section of the AFM or RFM to show compliance with the operating rules of part 121 or 135. For those aircraft certified without an approved flight manual, the FAA‑approved data may be placed on placards or placed in an approved CFM.

C.    Advisory Information. Aircraft manufacturers occasionally publish advisory information in flight handbooks that is not required for certification and which, therefore, has not been placed in the limitations section of the AFM or RFM. For example, manufacturers of light, multiengine aircraft certified under 14 CFR part 23 frequently publish accelerate‑stop distances as advisory information. When such information is not placed in the limitations section, it is not a limitation. Inspectors are advised that operators who do not observe such advice are not exhibiting good judgment and may be in violation of § 91.9. Principal operations inspectors (POI) should ensure that operators enforce such limitations by placing appropriate policy statements in a section of the General Operations Manual (GOM).

D.    Date of Aircraft Certification. As aircraft performance and complexity have increased, more stringent operating limitations have become necessary for operators to maintain an acceptable level of safety. Certification and operating rules have also become correspondingly more complex. Once an airplane is certified, however, it normally remains in production and in service under the original rules even though those rules have been superseded. Part 121 subpart I and part 135 subpart I contain a number of sets of rules to account for the progressive enhancement of safety standards. These rules frequently refer to superseded airplane certification rules and effective certification dates. When determining which performance rules apply to a specific airplane, inspectors must determine the airplane certification category, the aircraft size, and whether the aircraft has been modified by STC. This information can be found on the Type Certificate Data Sheet (TCDS). Table 4‑10 contains a summary of the categories into which airplanes have been divided for purposes of performance computations under parts 121 and 135.

Table 4-10.  Airplane Categories for Performance Computation Purposes

AIRPLANE GROUPING

CHARACTERISTICS

LARGE TRANSPORT CATEGORY

• More than 12,500 lbs maximum takeoff weight (MTOW).

• Certified under Civil Aviation Regulation (CAR) 4, CAR 4A, CAR 4B, Special Civil Air Regulation (SR) 422, SR 422A, SR 422B, or 14 CFR part 25.

LARGE NONTRANSPORT CATEGORY

• More than 12,500 lbs MTOW.

• Certified prior to July 1, 1942, under Aero Bulletin 7A.

SMALL TRANSPORT CATEGORY

• Not more than 12,500 lbs MTOW.

• Certified under CAR 4, CAR 4A, CAR 4B, SR 422, SR 422A, SR 422B, or part 25.

COMMUTER CATEGORY

• Up to 19,000 lbs MTOW, 19 passenger seats.

• Reciprocating or turbopropeller.

• Certified under 14 CFR part 23.

• Refined as small for performance computation purposes and large for purposes of pilot certification.

NORMAL CATEGORY—OVER 12,500 LBS

• Certified under part 23, and 10 to 19 passenger Special Federal Aviation Regulation (SFAR) 41.1(b).

• 19 passenger seats and 19,000 lbs MTOW.

• Defined as a small airplane for performance computation purposes and as a large airplane for pilot certification by SFAR 41.

NORMAL CATEGORY—12,500 LBS OR LESS

• 12,500 lbs or less MTOW, 10 to 19 passenger takeoff weight MTOW.

• Certified under CAR 3 or part 23 and one of the following, including:

·    STCs;

·    Special conditions of the Administrator;

·    SFAR 23; and

·    SFAR 41, paragraph 1(a).

NORMAL CATEGORY—9 OR LESS PASSENGER SEATS

• 12,500 lbs or less MTOW.

• Certified CAR 3 or part 23.

4-488    LARGE AIRPLANE CERTIFICATION. On July 1, 1942, Civil Aviation Regulation (CAR) 4 became effective, establishing the transport category for the certification of large airplanes. Large airplanes were first defined in this rule as airplanes of more than 12,500 pounds MTOW.

A.    Large, Nontransport Category Airplanes. Large airplanes certified under Aero Bulletin 7A (before the establishment of the transport category) and not modified and recertified in the transport category are now referred to as large nontransport airplanes in the performance rules. Only three of these airplanes are still in active service that inspectors are likely to encounter. They are the Lockheed 18, the Curtis C‑46, and the Douglas DC‑3. Many of these airplanes have been modified by STCs and been recertified in the transport category. These airplanes may only be operated in passenger‑carrying service if they have been recertified in the transport category or if operated in accordance with the performance rules applicable to the transport category. In the latter case, the performance data required to comply with these rules must be approved by the POI and carried in the aircraft during passenger operations. Operators of C‑46 aircraft must use part 121 appendix C to comply with the large nontransport performance requirements.

B.    Reciprocating‑Powered Transport Category Airplanes. By November of 1945, CAR 4 was amended by CAR 4A and CAR 4B. Most large, reciprocating‑powered transport category airplanes that remain in operation, such as the DC‑6, were certified under these rules. While subsequent rules contain provisions for the certification of reciprocating‑powered transport category airplanes, very few of these airplanes have been certified since CAR 4 has been superseded.

C.    Turbine‑Powered Transport Category Airplanes. Effective August 27, 1957, Special Civil Air Regulation (SR) 422 was the basis for certification of the first turbine‑powered transport airplanes, such as the Boeing 707, the Lockheed Electra, and the Fairchild 27. SR 422A became effective July 2, 1958, and was superseded by SR 422B, effective August 29, 1959. Only a few airplanes were certified under SR 422A, such as the Gulfstream I and the CL44. The majority of the turbine‑powered transport category airplanes now in service, such as the DC‑8, DC‑9, and B‑727, were originally certified under SR 422B. SR 422B was recodified with minor changes to 14 CFR part 25, which became effective February 1965.

4-489    DETERMINING APPLICABLE OPERATING RULES. Until the publication of 14 CFR part 119, Special Federal Aviation Regulation (SFAR) 38‑2 governs the use of aircraft in air transport operations. Inspectors should use the guidance that follows when determining rules that apply to specific operations.

A.    Part 121 Operations. SFAR 38‑2 requires that airplanes of more than 7,500 pounds payload or more than 30 passenger seats be operated in air transport service under the provisions of part 121. This requirement applies to both transport and nontransport category aircraft. Transport category airplanes of less capacity may, but are not required to, be operated under part 121.

B.    Part 135 Operations. Airplanes with less than 7,500 pounds payload or more than 30 passenger seating capacity (except transport category airplanes) must be operated in air transport service under the provisions of part 135. Helicopters must be operated under part 135.

C.    Congruence of Parts 121 and 135. Since the adoption of SFAR 38‑2, large transport and nontransport category airplanes are operated under both parts 121 and 135. Part 121 subpart I and part 135 subpart I have identical aircraft performance provisions.

4-490    SMALL AIRPLANE CERTIFICATION. Title 14 CFR part 1 defines a small airplane as one of not more than 12,500 pounds MTOW. Under CAR 3 and part 23, an airplane could only be certified as a small airplane in the normal category with a MTOW of not more than 12,500 pounds and nine passenger seats. The special conditions of the Administrator (14 CFR part 21, § 21.16), SFAR 23, and SFAR 41 modified this definition to the extent that airplanes were modified by STC and certified as small airplanes with up to 19 passenger seats. SFAR 41 further modified the definition to the extent that airplanes meeting the requirements of SFAR 41, subparagraph 1(b) and having up to 19,000 pounds MTOW were defined as small airplanes. Amendment 34 to part 23 established the commuter category and defined airplanes of up to 19,000 pounds certified in that category as small airplanes.

A.    Small Transport Category Airplanes. A small transport category airplane is an airplane of 12,500 pounds or less MTOW certified in the transport category. While part 25 permits certification of small airplanes in the transport category, manufacturers have rarely chosen this option. For example, the Cessna Citation 501 and the Learjet 23 are certified in the normal category under part 23. Other models of Citations and Learjets of over 12,500 pounds MTOW (large airplanes as defined in part 1) are certified in the transport category under part 25. Small turbojet airplanes certified in the normal category are operated as small, turbine‑powered transport category airplanes for the purposes of part 135.

B.    Normal Category Airplanes with 10 or More Passenger Seats. Since deregulation, small reciprocating and turbopropeller executive transport airplanes have been stretched and passenger seats have been added. These airplanes were primarily redesigned versions of existing designs. These aircraft were originally certified under part 23 because it was considered impractical to redesign them to part 25 standards. The special conditions of the Administrator, SFAR 23, SFAR 41, and part 135 appendix A were additional airworthiness standards developed to allow for the certification of a part 23 airplane with more than nine passenger seats. All of these rules except part 135 appendix A have been superseded. Production of airplanes certified under these rules ended in 1991. Currently, airplanes certified under any of these provisions (except SFAR 41 subparagraph 1(b) airplanes) are limited to an MTOW of 12,500 pounds and must meet the additional performance rules of part 135, appendix A. SFAR 41 subparagraph 1(b) provided for certification of airplanes with up to 19,000 pounds MTOW and 19 passenger seats in the normal category. These airplanes must meet the provisions of part 23 and the additional airworthiness standards specified by the SFAR. They are defined as small airplanes by SFAR 41 subparagraph 1(b) for the purposes of 14 CFR parts 22, 23, 36, 121, 135, and 139. They are defined as large airplanes for the purposes of 14 CFR parts 61 and 91. These airplanes are not required to comply with the provisions of part 135 appendix A since SFAR 41 subparagraph 1(b) provides additional standards for operations over 12,500 pounds MTOW.

C.    Commuter Category. In January 1987, Amendment 34 to part 23 became effective and established the commuter category. Reciprocating and turbopropeller‑powered airplanes with up to 19 passenger seats and 19,000 pounds MTOW may be certified in the commuter category. Commuter category airplanes of over 12,500 pounds MTOW are defined as small airplanes by part 23 for the purposes of parts 21, 23, 36, 121, 135, and 139. They are defined as large airplanes for the purposes of parts 61 and 91.

D.    Determining Allowable Takeoff Weight. Depending on the specific rule under which an airplane was certified, the calculations that must be performed to determine allowable takeoff weight can include any of the following:

1)    AFM maximum weight limitations (structural):

·    Takeoff,

·    Zero fuel, and

·    Landing.

2)    Airport elevation and temperature:

·    Departure point,

·    Destination, and

·    Alternate.

3)    Runway limit weight:

·    Accelerate‑stop distance,

·    Accelerate‑go (one‑engine inoperative), and

·    All‑engines takeoff distance.

4)    Takeoff climb limit weight:

·    First segment,

·    Second segment, and

·    Transition segment (divided into third and fourth segments under some rules).

5)    Takeoff obstacle limit weight;
6)    En route climb limit and terrain clearance weights:

·    All engines operative,

·    One engine inoperative, and

·    Two engines inoperative.

7)    Approach climb limit weight;
8)    Landing climb limit weight;
9)    Destination landing distance weight; and
10)    Alternate landing distance weight.

E.    Application of Flight Handbook Performance Limits. Many of the requirements of part 121 subpart I and part 135 subpart I apply only until the aircraft takes off from the departure point. Other requirements from these subparts apply at all times, as do the AFM limitations. For example, part 121, § 121.195 and part 135, § 135.385 prohibit a large, turbine airplane from takeoff unless, allowing for en route fuel burn, the airplane will be capable of landing on 60 percent of the available runway at the planned destination. The regulations do not, however, prohibit the airplane from landing at the destination when, upon arrival, conditions have changed and more than 60 percent of the runway is required. In this case, the airplane must only be able to land on the effective runway length as shown in the flight manual performance data.

4-491    V SPEED DEFINITIONS. Inspectors should be knowledgeable in the terminology and definitions that apply to V speeds. The following definitions apply to speeds used in airplane performance computations.

A.    Vmc Speed. Vmc is defined in part 1 as the minimum speed at which the airplane is directionally controllable with the critical engine inoperative.

1)    Vmcg is the minimum speed at which the airplane can be demonstrated to be controlled on the ground using only the primary flight controls when the most critical engine is suddenly made inoperative. Throttling an opposite engine is not allowed in this demonstration. Forward pressure from the elevators is allowed to hold the nosewheel on the runway, however, nosewheel steering is not allowed.
2)    Vmca is the minimum speed at which directional control can be demonstrated when airborne with the critical engine inoperative. Full opposite rudder and not more than five degrees of bank away from the inoperative engine are permitted when establishing this speed. Vmca may not exceed 1.2 Vs.

B.    Vef Speed. Vef is the airspeed at which the critical engine is assumed to fail. Vef is selected by the aircraft manufacturer for purposes of certification testing, primarily to establish the range of speed from which V1 may be selected. Vef may not be less than Vmcg.

C.    Vmu Speed. Vmu is defined as minimum unstick speed. Vmu is the minimum speed demonstrated for each combination of weight, thrust, and configuration at which a safe takeoff has been demonstrated.

D.    Vr Speed. Vr is defined as rotation speed and is applicable to transport category airplanes certified under SR 422A and later rules and commuter category airplanes. Vr is determined so that V2 speed is reached before the aircraft reaches 35 feet above the runway surface. Vr may not be less than Vmu or 1.05 Vmca.

E.    V1 Speed. V1 speed is defined in part 1 as takeoff decision speed (formerly the critical engine failure speed). V1 may be selected from a range of speeds. V1 may be selected as low as Vef but cannot exceed any of the following speeds:

·    Vr;

·    Refusal speed (the maximum speed the aircraft can be brought to a stop at the selected weight and flap setting on the remaining runway);

·    Vmbe (brake energy limit speed); or

·    Limiting tire speed (if one has been established).

F.    Vlof Speed. Vlof is the speed at which the aircraft becomes airborne.

G.    Vs, Vso, and Vs1 Speeds. Vs is power‑off stalling speed or the minimum steady speed at which the aircraft is controllable. Vso is stalling speed in the landing configuration. Vs1 is the stalling speed or minimum controllable speed in a specified configuration.

H.    V2. V2 is defined in part 1 as takeoff safety speed. V2 is used in multiengine transport, commuter category, and large nontransport category airplanes. V2 is the speed at which the airplane climbs through the first and second takeoff segments. V2 must be greater than Vmu and 1.1 Vmca. V2 must also be greater than the following:

·    1.2 Vs1 for two‑engine and three‑engine reciprocating and turbopropeller‑powered airplanes;

·    1.2 Vs1 for turbojet airplanes without the capability of significantly reducing the one‑engine inoperative stall speed (no flaps or leading edge devices);

·    1.5 Vs1 for turbojet airplanes with more than three engines; or

·    1.5 Vs1 for turbojet airplanes with the capability for significantly reducing the one‑engine inoperative stall speed.

I.    Vref Speed. Vref is 1.3 Vso. Vref is the speed used on approach down to 50 feet above the runway when computing landing distances.

NOTE:  All V speeds are measured and expressed as calibrated airspeeds, but may be considered as indicated airspeeds for purposes of general discussion.

4-492    RUNWAY LENGTH. The usable runway length may be shorter or longer than the actual runway length due to stopways, clearways, and obstacle clearance planes.

A.    Takeoff Runway Length—Nontransport Category Airplanes. The effective takeoff runway length for nontransport category airplanes is defined by obstacle clearance planes. When a 20:1 obstacle clearance plane does not intersect the runway, the effective runway length is defined as the distance from the start of the takeoff roll to the far end of the runway. When the obstacle clearance plane does intersect the runway, the effective runway length is defined as the distance from the start of the takeoff roll to the point at which the obstacle clearance plane intersects the far end of the runway. (See Figure 4‑26, Effective Runway Length.)

B.    Transport Category Airplanes. For transport category airplanes, the usable runway is not determined by the obstacle clearance plane. An obstacle clearance analysis must be made for each runway. For transport category airplanes certified under SR 422A and subsequent rules, the actual runway length may be extended by clearways and stopways. Clearways and stopways are discussed in paragraph 4-502 in this section.

C.    Obstructions. An obstruction is a manmade or natural object that must be cleared during takeoff and landing operations. While fixed towers and buildings can be readily identified as possible obstructions, obstruction heights over roadways, railroads, waterways, and other traverse ways are not so apparent. Unless the airport authority or the operator determines with certainty that no movable objects will project into the airspace over the following passageways when an airplane flies over, obstructions are considered to exist on them to the following heights:

·    Over interstate highways: 17 feet,

·    Over other roadways: 15 feet,

·    Over railroads: 25 feet, and

·    Over waterways and other traverse ways: the height of the tallest vehicle that is authorized to use the waterway or traverse way.

D.    Lineup Distance. Takeoff distance is measured from the position of the main landing gear on the runway to the same point as it passes the runway crossing height (RCH). The distance required to place the airplane in position for takeoff is not available for the takeoff run. A significant error may be introduced if this distance in not subtracted from the available runway distance when takeoff performance is computed. Large airplanes can use several hundred feet of runway when turning into position on the runway. Also, rolling starts from a taxiway can reduce effective runway by an additional increment because of slow acceleration while takeoff thrust is being set. The allowance may be included in the published data or published as a correction in the AFM. POIs should ensure that operators have appropriate guidance for flightcrews.

Figure 4-26.  Effective Runway Length

Figure 4-26, Effective Runway Length

4-493    RUNWAY LIMIT WEIGHT—TRANSPORT AND COMMUTER CATEGORIES. The required takeoff distance is the longest of three takeoff distances: accelerate‑stop, accelerate‑go, and all‑engines. Since the available runway length is a fixed value, allowable takeoff weight for any given runway is determined by the most restrictive of the applicable distances.

A.    Accelerate‑Stop Takeoff Distance. The accelerate‑stop distance is the total distance required to perform the following actions:

·    Accelerating, with all engines operating at takeoff thrust, from a standing start to Vef speed at which the critical engine is assumed to fail;

·    Making a transition from takeoff thrust to idle thrust, extending the spoilers or other drag devices, and applying wheelbrakes (no credit may be taken for reverse thrust); and

·    Decelerating and bringing the airplane to a full stop.

B.    Accelerate‑Go Takeoff Distance. The accelerate‑go (with one engine inoperative) takeoff distance is the total distance required to perform the following actions:

·    Accelerating with all engines operating to Vef speed with recognition of the failure by the flightcrew at V1;

·    Continuing acceleration with one engine inoperative to Vr speed at which time the nose gear is raised off the ground (Vr is V2 for all airplanes certified prior to SR 422A); and

·    Climbing to the specified RCH and crossing the RCH at V2 speed.

C.    All‑Engines Takeoff Distance. All‑engines takeoff distance is the total distance required to accelerate, with all engines at takeoff thrust, to Vr or V2 speed (appropriate to the airplane type), and to rotate and climb to a specified RCH. For airplanes certified under SR 422A and subsequent regulations, this distance is 1.15 the measured distance.

4-494    TAKEOFF CONDITIONS. Takeoff performance data published in the AFM is based on takeoff results attainable on a smooth, dry, hard runway with a specified flap setting and a specific weight. The 14 CFR parts do not require that data for compensating takeoff performance for the effects of wet or contaminated runways be published in an AFM. These factors, however, must be accounted for during revenue operations (see paragraph 4‑496 for more information on wet or contaminated runways).

A.    Airport Elevation. Airport elevation is accounted for in takeoff computations because the true airspeed (groundspeed in no‑wind conditions) for a given takeoff increases as air density decreases. As airport elevation increases, the takeoff run required before the airplane reaches V1, Vlof, and V2 speeds increases; the stopping distance from V1 increases; and a greater air distance is traversed from liftoff to the specified RCH because of the increased true airspeed at the indicated V2 speed.

B.    Temperature. As air temperature increases, airplane performance is adversely affected because of a reduction in air density, which causes a reduction in attainable takeoff thrust and aerodynamic performance.

C.    Density Altitude. Takeoff performance is usually depicted in an AFM for various elevations and temperatures. The effect of variations in barometric pressure, however, is not usually computed or required by the CFRs. Some airplanes with specific engine installations, however, must have corrections in allowable weight for lower‑than‑standard barometric pressure.

D.    Weight. Increasing takeoff weight increases the following:

·    V1 of and the ground‑run distance required to reach the liftoff point;

·    The air distance required to travel from the liftoff point to the specified RCH; and

·    The distance required to bring the aircraft to a stop from V1 speed and the energy absorbed by the brakes during the stop.

E.    Flap Selection. Many airplanes have been certified for takeoff with variable flap settings. The effect of selecting more flap (within the allowable range) reduces Vr, Vlof, and the required ground‑run distance to reach liftoff. All of these increase the accelerate‑stop distance limit weight, the accelerate‑go distance limit weight, and the all‑engines operating limit weight. The additional flap extension increases aerodynamic drag and also decreases the climb gradient the airplane can maintain past the end of the runway. In the case of a short runway, it may not be possible to take off without the flaps set at the greatest extension allowed for takeoff. In the opposite case, at a high elevation and a high ambient temperature, it may only be possible to climb at the required gradient with the minimum allowable takeoff flap extension. See Table 4‑11, Example of the Effect of Flaps on Required Runway Length and Climb Gradient, for an example of the effect of flaps on required runway length and climb gradient.

F.    Accounting for Effects. The effect of runway slope on the acceleration, stopping distance, and climb‑out to the end of RCH must be accounted for. Uphill grades increase the ground run required to reach the points at which V1, Vr, and Vlof are attained, but they also improve stopping distance. An airplane climbing over an uphill grade runway will require more distance to reach the specified RCH. The reverse is true of downhill grades. Gradient corrections are computed for both runway length and takeoff speeds and the average runway gradient is normally used. The average gradient is determined by dividing the difference in elevation of the two ends of the runway by the runway length. For large variations in runway height (+5 feet), the retarding effect on the uphill segment is proportionally greater than the acceleration gained on the downhill portion. In such a case, the slope used for computations should be proportionately greater than the average slope.

Table 4-10.  Example of the Effect of Flaps on Required Runway Length and Climb Gradient

WING FLAPS INOPERATIVE POSITION

RUNWAY LENGTH REQUIRED FOR TAKEOFF

ONE‑ENGINE CLIMB GRADIENT

25 degree

6,350 feet

2.9 percent

15 degree

7,000 feet

4.5 percent

5 degree

7,950 feet

5.3 percent

NOTE:  This is an example only.

4-495    WIND CONDITIONS DURING TAKEOFFS AND LANDINGS. Runway performance computations for both takeoffs and landings must always account for the effect of wind conditions in a conservative manner.

A.    Headwinds. Although it is not required, the beneficial effect of a headwind on takeoff and climb distances may be used to compute performance. Only one half of the reported steady‑state wind component (parallel to the runway) may be used.

B.    Tailwinds. For a downwind takeoff or landing, at least 150 percent of the reported steady‑state tailwind component must be used to compute the performance effect. While most airplanes are certified for takeoff with not more than 10 knots of tailwind component, some airplanes have been certified with higher limits. To use these higher limits, the operator must not be limited by the AFM and must be authorized by the operations specifications (OpSpecs).

C.    Crosswinds. The maximum‑gust velocity must be used in the most unfavorable direction for computing the effective crosswind component. Inspectors should be aware of the following guidance.

1)    Crosswind values in most AFMs are stated as demonstrated values rather than as limits.
2)    While a crosswind may not directly limit an operation from a specific runway, crosswinds and runway conditions affect Vmcg. Under some runway conditions, an increase of 1 knot of crosswind component may raise Vmcg by as much as 4 knots. Inspectors should be aware that the flight manual may contain different Vmcg values for wet and dry conditions and crosswind components.

NOTE:  V1 may not be less than Vmcg.

4-496    WATER AND CONTAMINATION OF RUNWAYS. AFM performance data is based on a dry runway. When a runway is contaminated by water, snow, or ice, charted AFM performance values will not be obtained. Manufacturers typically provide guidance material to operators so that appropriate corrections for these conditions may be applied to performance calculations. Inspectors should be aware of the following guidance concerning these conditions.

A.    Any runway that is not dry is considered to be wet. Standing water, puddles, or continuous rain are not necessary for a runway to be considered wet. Runway braking friction can change when there is a light drizzle. In some cases, even dew or frost that changes the color of a runway will result in a significant change in runway friction. The wet‑to‑dry stopping distance ratio on a well‑maintained, grooved, wet runway is usually around 1.15 to 1. On a runway where the grooves are not maintained and rubber deposits are heavy, the stopping distance ratio could be as high as 1.9 to 1. On ungrooved runways, the stopping distance ratio is usually about 2 to 1. In the case of a runway with new pavement or where rubber deposits are present, the ratio could be as high as 4 to 1. Some newly‑surfaced asphalt runway surfaces can be extremely slippery when only slightly wet.

B.    Inspectors should consult the current edition of AC 91‑6, Water, Slush, and Snow on the Runway, for operations on runways that have snow, slush, ice, and standing water. Such conditions typically require corrections for takeoff calculations because of two factors.

1)    The first factor is the reduction of runway friction, which may increase stopping distance in the case of a rejected takeoff.
2)    The second factor is the impingement drag of water or slush on the landing gear or flaps, which could cause a retarding force and deceleration force during takeoff.

4-497    TIRE SPEED AND BRAKE LIMITS. Inspectors should be aware that allowable takeoff weight may be limited by either tire speed limits or the ability of the brakes to absorb the heat energy generated during the stop. The energy the brakes must absorb during a stop increases by the square of the speed at which the brakes are applied. Accelerate‑stop distances are determined with cold brakes. When the brakes are hot, they may not be able to absorb the energy generated, and the charted AFM stopping distances may not be achieved. The heat generated by the stop may cause the wheels or tires to fail. The peak temperature is usually not reached until 15 to 20 minutes after the stop, which can result in the wheels catching on fire. The wheels of most large airplanes are protected by frangible plugs, which melt and allow air to escape from the tires before they explode. Short turnaround times and rejected takeoffs present a potential hazard in terms of heat buildup in tires and in brake assemblies. Most manufacturers publish short turnaround charts to provide a minimum cooling period for subsequent takeoffs. POIs should ensure that operators include these charts and procedures in the operator’s GOMs or CFMs.

4-498    TAKEOFF CLIMB LIMIT WEIGHT. The climb limit is the weight at which the airplane can climb at a specified minimum climb gradient or specified minimum climb rate in still air through the segments of the takeoff flightpath.

A.    Turbine‑Powered Transport Category and Commuter Category Airplanes. Climb performance for airplanes in these categories is measured in terms of a gradient (height gained divided by distance traveled, expressed as a percentage) in specified climb segments. The gradients for each group of airplanes are provided in Section 2.

B.    Other Airplanes. All airplanes other than turbine‑powered, transport category, and commuter category airplanes must be able to maintain a specified rate of climb throughout the takeoff climb segments. Rates of climb are expressed as multiples of Vs. The required rates of climb for various categories of airplanes are given in Section 2.

4-499    TAKEOFF WEIGHTS LIMITED BY OBSTACLES. To obtain obstacle clearance throughout the takeoff flightpath, operators of transport category and commuter category airplanes must identify obstacles and limit takeoff weight. Obstacles in the takeoff path that are not cleared horizontally must be cleared vertically by at least the amount specified in the certification rule.

A.    Definition of Obstacle. Any object inside the airport boundary, which is within a horizontal distance of 200 feet of the flightpath or outside the airport boundary within 300 feet of the flightpath, must be considered an obstacle for takeoff computations.

B.    Net Flightpath. A net flightpath for takeoff is derived by subtracting a specified percentage from the actual demonstrated climb gradient. This has the effect of adding a progressively larger clearance margin as the airplane travels away from the runway. Specified percentages for airplanes certified under different rules are listed in Section 2.

C.    Conditions for Computing Net Flightpath. The takeoff weight limited by obstacle clearance is computed in a manner similar to the runway takeoff weight limit as follows:

1)    One engine is assumed to fail at Vef. The remaining engines are at takeoff thrust.
2)    Landing gear retraction is assumed to begin immediately after lift‑off. The airplane should climb out at a speed as close as practical to, but not less than, V2 speed until the selected acceleration height is reached. The acceleration height is chosen by the operator but may not be less than 400 feet.
3)    After the airplane reaches the acceleration height, the final segment begins with the transition to en route climb configuration (which is to accelerate to climb speed, retract wing flaps, and reduce to maximum continuous thrust (MCT)). The operator has considerable latitude in choosing the transition method. The operator may choose the flightpath for any runway that gives the best results for the particular height and distance of the obstacles. One extreme is to climb directly over the obstacle at V2, with takeoff flaps and takeoff thrust. The opposite extreme is to level off at the selected acceleration height, accelerate in level flight (negative slope not allowed) to the “flaps up” climb speed, and then to continue climbing and reducing thrust to MCT. An infinite variety of flightpaths between these two extremes may be used. In any event, the flightpath chosen to show obstacle clearance must extend to the end of the takeoff flightpath. The takeoff flightpath ends not lower than 1,000 feet for SR 422 airplanes, and not lower than 1,500 feet for SR 422A, SR 422B, part 25, and commuter category airplanes.

D.    Turns. For analysis purposes, it may be assumed that the airplane turns to avoid obstacles, but not before reaching 50 feet above the runway and by not more than a 15‑degree bank. When a turn is used, the rate of climb or gradient must be reduced by the increment of climb performance lost.

E.    Takeoff Minimums. Terminal Instrument Procedures (TERPS) criteria are based on the assumption that the airplane can climb at 200 feet per nautical mile (NM) (approximately 30:1) to the minimum en route altitude through the takeoff flightpath.

1)    When obstacles penetrate the obstacle clearance plane, the airplane must be able to climb at a steeper gradient or to use higher‑than‑standard takeoff minimums to allow the obstructions to be seen and avoided under visual conditions. Authorizations for lower‑than‑standard takeoff minimums are based on the operator adjusting airplane takeoff weight to avoid obstacles in the takeoff flightpath if an engine fails on takeoff. POIs shall not authorize operators who do not prepare an airport analysis and perform obstacle climb computations to use lower‑than‑standard takeoff minimums. POIs may approve a system in which the operator makes obstacle clearance computations and performs lower‑than‑standard visibility takeoffs on specified runways, as opposed to all runways.
2)    The criteria for TERPS do not take into account whether or not the aircraft is operating on all engines. Operators must either show compliance with TERPS criteria with an engine out or have an alternate routing available for use in case of an engine failure. Specific guidance for approval of these procedures is in development and will be included in this order at a later date.

4-500    EN ROUTE PERFORMANCE LIMITS. There are a number of en route performance rules that may limit the weight at which an airplane can be dispatched or released.

A.    Part 121 En Route Obstacle Clearance. Part 121 subpart I contains en route obstacle limitations for all airplanes operated under part 121. The details of these limitations differ for reciprocating‑powered, transport category airplanes; turbine‑powered, transport category airplanes; and large, nontransport category airplanes. In general, all airplanes must be operated at a weight at which single‑engine failure (two‑engine airplanes) or multiple engine failures (three- and four‑engine airplanes) can be experienced and the airplane continued on to destination or diverted to an alternate airport. After the engine failure, the airplane must be capable of clearing all obstructions by a specified margin. Driftdown or fuel dumping may be used to comply with these requirements (see subparagraph 4‑500E for a discussion of driftdown).

B.    Part 135 En Route Obstacle Clearance. Section 135.181 places en route performance limitations on all instrument flight rules (IFR) passenger‑carrying operations.

1)    Section 135.181(a)(1) effectively prohibits the release of passenger‑carrying flights under IFR conditions in single‑engine airplanes. The rule does permit over‑the‑top operations under limited circumstances. The flight must be able to reach visual flight rules (VFR) conditions within 15 minutes after takeoff. At the point the airplane has flown 15 minutes, the weather below any overcast must be VFR. These conditions must exist at all points on the route, including overhead the destination.
2)    Section 135.181(a)(2) prohibits the release of multiengine airplanes in passenger‑carrying IFR operations or VFR over‑the‑top operations unless specific conditions are met. The airplane must be able to sustain a failure of the critical engine and climb at a rate of 50 feet per minute at the minimum en route altitude (MEA) or 5,000 mean sea level (MSL), whichever is higher. The other circumstance in which a multiengine airplane can be released in IFR conditions or VFR over‑the‑top conditions is when, after an engine failure, a descent can be made to VFR conditions at or above the MEA.

NOTE:  Inspectors must be aware that small airplanes of 6,000 pounds or less MTOW are not required to have the capacity to climb or maintain altitude with an engine failed at any altitude for certification.

C.    Part 121 Extended Overwater Operations.

1)    Section 121.161 prohibits the release of two- and three‑engine airplanes (except three‑engine turbojet airplanes) for operations more than 1‑hour distance from an acceptable alternate airport, measured at one‑engine inoperative cruise speed. The only exception is that extended overwater operations of two‑engine turbojet airplanes (Extended Operations (ETOPS)) may be approved by the POI with prior concurrence of the Flight Technologies Procedures Division (AFS‑400). When such approval is granted to an operator, these authorizations are contained in OpSpec paragraph B42.
2)    Sections 121.183 and 121.193 limit the release of four‑engine, transport category airplanes. The limitations of these rules vary with the rule under which the aircraft was certified. In general, the airplanes must be dispatched at a weight that will allow the loss of two engines simultaneously at the most critical point of the flight while still allowing the airplane to maintain a specified altitude and reach an alternate airport. The two means by which operators may choose to show compliance are by limiting the takeoff weight or by fuel dumping (see subparagraph 4‑500E). Two points on a route that are frequently critical are the point at which the airplane reaches the top of climb and the point at which the airplane is furthest from an alternate airport.

D.    Part 135 Overwater Operations. Section 135.183 prohibits operators from operating a land airplane over water (except for takeoff and landing) at a weight at which a positive rate of climb of 50 feet per minute cannot be maintained at 1,000 feet above the surface. There are no provisions in part 135 for the use of fuel dumping to comply with this requirement. A number of part 135 operators have, however, obtained exemptions to allow the use of fuel dumping (see subparagraph 4‑500E).

E.    Fuel Dumping and Driftdown. Part 121 operators may use driftdown or fuel dumping procedures to comply with certain en route performance rules. Part 135 operators may apply for a grant of exemption to use driftdown or fuel dumping as an alternate means of complying with § 135.181 or § 135.183 in accordance with 14 CFR part 11 (see Volume 4, Chapter 3, Section 2 for information on exemptions).

1)    Driftdown can be defined as a procedure by which an airplane with one or more engines inoperative, the remaining engines at MCT, and while maintaining a specified speed (usually best L/D X 1.01 percent), descends to the altitude at which the airplane can maintain altitude and begin to climb (this altitude is defined as driftdown height).
2)    Many modern airplanes can be dispatched or released at takeoff weights that place the driftdown height below the minimum altitude that the airplane is required to maintain by part 121 or 135. In this case, the takeoff weight must be limited or fuel dumping must be used to comply with the en route limit. Compliance must be demonstrated at all points in the en route segment of the flight.
3)    Before approving driftdown or fuel dumping procedures for part 121 operators (or part 135 operators who hold exemptions authorizing the use of these procedures), POIs shall carefully evaluate the operator’s proposed data, procedures, and training program. The data must either come from the AFM or from the manufacturer. Unapproved data must be reviewed by the applicable Aircraft Evaluation Group (AEG) either in the exemption process or prior to the POI’s approval.
4)    The CFM must contain specific flightcrew procedures. The operator’s training program must provide adequate initial and recurrent training in these procedures. Operators must provide for the POI’s evaluation for each route, route segment, or area an analysis of the reliability of wind and weather forecasting, the means and accuracy of navigation, prevailing weather conditions (particularly turbulence), terrain features, air traffic control facilities, and the availability of suitable alternate airports. The operator must provide flightcrews with adequate weather briefings.

4-501    APPROACH AND LANDING CLIMB LIMITS. Approach and landing climb limit weights limit the allowable takeoff weight. To compute the maximum allowable takeoff weight, the predicted weight of the airplane after arrival at the intended destination and alternate airports must be computed by subtracting the estimated en route fuel burn. The resulting weight must allow the airplane to climb at a minimum specified gradient (rate of climb) in both the approach and landing configurations.

A.    Approach Climb. This requirement is intended to guarantee adequate performance in the go‑around configuration after an approach with an inoperative engine (gear up, flaps at the specified approach setting, the critical engine inoperative, and remaining engines at go‑around thrust).

B.    Landing Climb. This requirement is intended to guarantee adequate performance to arrest the descent and allow a go‑around from the final stage of a landing (gear down, landing flaps, and go‑around thrust).

4-502    LANDING DISTANCE. The maximum weight for an airplane landing on any runway must be limited so that the landing distance required by the performance rules will be less than the effective landing length available.

A.    Effective Landing Runway Length. Effective landing runway length for all categories of airplanes is the distance from the point on the approach end of the runway where the obstruction plane intersects the runway to the rollout end of the runway. The obstruction plane is a plane that is tangent to the controlling obstruction in the obstruction clearance area that slopes down toward the runway at a 1:20 slope from the horizontal. The area that the obstruction clearance plane must clear all obstacles is 200 feet on each side of the runway centerline at the touchdown point, which expands to a width of 500 feet on each side at a point of 1,500 feet from the touchdown end and beyond. The centerline of the obstruction clearance area may curve at a radius of not less than 4,000 feet, but the last 1,500 feet to the touchdown point must be straight in. Stopways are not usually considered, and clearways may not be considered, as available landing areas.

B.    Required Landing Distance. The required landing distance is the distance needed to completely stop from 50 feet above the point at which the obstacle clearance plane intersects the runway (see Figure 4‑27, Landing Distance). In establishing landing performance data, the airplane must approach in a steady glide (or rate of descent) down to 50 feet at a speed not less than 1.3 times the landing stall speed. After touchdown, the stopping distance is based on the drag from the landing flaps, with fully extended speedbrakes.

Figure 4‑27.  Landing Distance

Figure 4-27, Landing Distance

RESERVED. Paragraph 4‑503 through 4‑520.


6/2/14                                                                                                                                            8900.1 CHG 0

Volume 4  aircraft equipment and operational authorizations

chapter 3  airplane performance and airport data

Section 2  Airplane Performance Rules

4-521    GENERAL. This section contains detailed information and guidance for inspectors and principal operations inspectors (POI) on the performance rules applicable to specific airplanes. In many cases, tables and figures are provided in this section for inspectors to reference.

4-522    LARGE, RECIPROCATING‑POWERED TRANSPORT CATEGORY AIRPLANE PERFORMANCE. Large, reciprocating‑powered transport category airplanes must be operated under the performance rules of Title 14 of the Code of Federal Regulations (14 CFR) part 121, §§ 121.173 through 121.187 and § 121.173(e), or under 14 CFR part 135, §§ 135.365 through 135.377 and § 135.363(g). Table 4‑12, Summary of Dispatch Rules for Large Reciprocating-Powered Transport Category Airplanes, contains a summary of these rules.

A.    Ambient Temperatures. Sections 121.173(e) and 135.363(g) require that takeoff performance must be corrected for ambient temperatures. The correction factor is usually published in the flight manual as a specific number of feet added to the takeoff distance at a specific elevation for higher‑than‑standard temperatures or as a specific number of feet subtracted for lower‑than‑standard temperatures.

B.    Runway Limits. A large, reciprocating‑powered transport category aircraft must be able to accelerate to takeoff decision speed (V1), lose the critical engine, and then stop on the remaining runway or continue on the runway to takeoff safety speed (V2), lift-off, and cross the effective end of the runway at not less than 50 feet. Clearways and stopways are not authorized. There is no requirement to compute an all‑engines‑operating takeoff distance.

C.    Balanced Field Length. For any given takeoff condition (gross weight, elevation, temperature), the controlling accelerate‑stop distance or accelerate‑go distance will be shortest when V1 is chosen so that these two distances are equal (balanced). Most operators of reciprocating‑powered airplanes choose V1 to produce a balanced field length. See Figure 4-28, Engine-Out Takeoff Profile Balanced Field Length.

D.    Takeoff Climb Limit. The following takeoff flightpath is used to establish the takeoff climb limit weight (see Figure 4-29, Engine-Out Climb Profile, Reciprocating Powered):

1)    The first segment of the flightpath extends from the beginning of the takeoff roll to 50 feet over the end of the runway. The critical engine is assumed to fail at V1, and the airplane continues to accelerate to V2 on the runway. The airplane then climbs at V2 with the gear extended and the propeller on the failed engine either windmilling or stopping by an auto feather mechanism (no pilot action allowed). The airplane may be banked five degrees away from the failed engine. The airplane must be capable of climbing at a rate of 50 feet per minute in this configuration.
2)    The second segment starts at 50 feet. The landing gear is assumed to have reached the retracted position. This segment ends at 400 feet. The rate of climb must be at least .046 times stall speed or minimum steady flight speed obtained in a specific configuration (Vs1) squared, expressed in feet per minute (fpm). For a Vs1 of 50, the following formula applies:

Vs1 of 50

3)    The third (final) segment begins at 400 feet. The propeller is feathered, the cowl flap is closed on the failed engine, the flaps are set to the en route climb position, and the power on the operating engine(s) is set to maximum continuous thrust (MCT). This final segment ends when the en route climb configuration has been achieved, but at not less than 1,000 feet above the runway surface. The rate of climb in the final segment must be

The rate of climb in the final segment

The rate of climb in the final segment

with N representing the number of engines. For a two‑engine airplane with a Vso of 50, the following formula applies:

Vso of 50

E.    Obstacle Limits. The airplane must be able to clear all obstacles in the takeoff path by 50 feet with the critical engine failed. A net gradient is not used and the clearance required is 50 feet at all points throughout the takeoff path. A bank may be used once the airplane reaches 50 feet above the runway surface.

F.    All‑Engines Operating En Route Limit. Airplanes certified under Civil Air Regulation (CAR) 4A and subsequent rules must be able to climb at a rate of 6.9 Vso (in feet per minute) at an altitude of 1,000 feet above all obstacles within 10 miles on either side of the intended track. For a power‑off stall speed of 50, the required rate is 345 feet per minute (6.9 x 50). There is no similar limitation for airplanes certified under CAR 4A or previous rules.

G.    Engine‑Out En Route Limit. At an altitude of 1,000 feet above all obstacles within 10 miles of the course to be flown, the airplane must be able to climb at the following specified rates:

1)    Airplanes certified under CAR 4B must be able to climb at .079‑(.106/N) Vso2, expressed in feet per minute, where N is the number of engines. For a four‑engine airplane with a stall speed of 100, the following formula applies: .079‑(.106/4)1002 and .079‑.0265 * 10,000 and .0525 * 10,000 = 525 feet per minute.
2)    Airplanes certified under CAR 4A must be able to maintain a rate of climb of .026 Vso2, expressed in feet per minute. For an airplane with a stall speed of 50, the following formula applies:
.026*502 = 65 feet per minute.
3)    Instead of meeting the climb requirement, the operator may substitute an approved diversion. The procedure must be approved by the POI and published in a Company Flight Manual (CFM) or a portion of the General Operations Manual (GOM). When an operator proposes such a procedure, the airplane must be able to maintain an altitude of 2,000 feet above any obstacle within 5 miles of track after the assumed failure. The rate of climb used to show this capability must be taken from the Aircraft Flight Manual (AFM) and diminished by .079‑[.106/N]Vso2 for CAR 4B airplanes or by .026 Vso for CAR 4A airplanes to compute a net gradient. The operator’s proposed procedure must define a point at which the airplane is assumed to pass over the critical obstacle. The operator’s procedure must define this point with an approved navigational fix. The airplane must also be able to meet the required rate of climb at an altitude of 1,000 feet above the alternate airport. The procedure must provide an account of winds and temperatures forecast in the area. Fuel may be jettisoned to meet these requirements. An en route alternate airport to which the airplane could divert, which meets the prescribed weather minimums, must be specified on the flight release when these procedures are used.

NOTE:  Inspectors must be aware that an operator’s compliance with the requirements described in subparagraph 4-552G does not relieve the operator from having to comply with § 135.181. Section 135.181 engine‑out en route performance limit can be more restrictive than the limitations described in subparagraph 4-522G.

H.    Two‑Engine Inoperative En Route Limit. Airplanes certified with four or more engines under 14 CFR part 25 may not be operated more than 90 minutes away (measured at normal, all‑engine cruise speed) from a suitable alternate airport unless the airplane is capable of climbing at 0.013 Vso2 with the two critical engines failed at an altitude of 1,000 feet above the highest terrain or obstruction within 10 miles on either side of the intended track, or 5,000 mean sea level (MSL), whichever is higher.

1)    The engines are assumed to fail at the most critical point with respect to the takeoff weight.
2)    Normal consumption of fuel and oil is assumed in computing weight at the point of the assumed failure.
3)    When the airplane must drift down after engine failure, the airplane does not have to be capable of the required climb performance until it reaches the minimum altitude. A net flightpath is computed during the driftdown period by subtracting 0.013 Vso2 from the rate of descent shown in the AFM or other approved data.
4)    If the operator elects to jettison fuel to comply with this rule, enough fuel must remain after jettison to allow the airplane to proceed to a suitable alternate airport and to arrive 1,000 feet directly over the airport. Designated en route alternate airports must be listed on the flight release.

I.    Approach to a Landing Climb. A reciprocating‑powered transport category aircraft must be able to climb at a rate of 0.053 Vso2 expressed in feet per minute in the approach configuration. In the landing configuration, the airplane must be able to climb at a rate of 0.092 Vso2.

J.    Landing Distance Limitations. For dispatch planning, reciprocating‑powered airplanes must be able to land within 60 percent of the effective runway at the destination. A flight may also be dispatched to a destination at which the airplane can land within 70 percent of the effective runway, if the designated alternate airport is one at which the airplane can land within 70 percent of the effective runway distance.

Table 4‑12.  Summary of Dispatch Rules for Large, Reciprocating-Powered Transport Category Airplanes

Temperature Correction

Yes

§ 121.173(e), § 135.363(g)

 

 

 

STRUCTURAL LIMITS

 

 

Maximum Taxi

Yes

Aircraft Flight Manual (AFM) Limit

Maximum Takeoff

Yes

AFM Limit

Zero Fuel Weight

Yes

AFM Limit

 

 

 

TAKEOFF

 

 

Accelerate-Stop

Yes

§ 121.177(a)(1), § 135.367(a)(1)

All‑Engines

No

 

Accelerate‑Go

Yes

§ 121.177(a)(2), § 135.367(a)(2)

Climb Limit

Yes

§ 121.175(d), § 135.365(d)

Obstacle Limit

Yes

§ 121.177(a)(3), § 135.367(a)(3)

 

 

 

EN ROUTE LIMITS

 

 

All‑Engines

Yes

§ 121.179, § 135.369

One‑Engine Inoperative

Yes

§ 121.181, § 135.371

Two‑Engine Inoperative

Part 25

§ 121.183, § 135.373

 

 

 

Approach Climb

Yes

§ 121.175(e), § 25.121(d), § 135.365(e),
§ 25.121(d)

 

 

 

Landing Climb

Yes

§ 121.175(e), § 25.119, § 135.365(e), § 25.119

 

 

 

Maximum Landing Weight

Yes

AFM Limit

 

 

 

RUNWAY LIMITS

 

 

Destination

Yes

§ 121.185, § 135.375

Alternate

Yes

§ 121.187, § 135.377

Figure 4‑28.  Engine‑Out Takeoff Profile Balanced Field Length

Figure 4-28, Engine-Out Takeoff Profile Balanced Field Length

Figure 4‑29.  Engine‑Out Climb Profile, Reciprocating Powered

Figure 4-29, Engine-Out Climb Profile, Reciprocating Powered

4-523    LARGE, TURBINE‑POWERED TRANSPORT CATEGORY AIRPLANE PERFORMANCE. Large, turbine‑powered (turbojet and turboprop) airplanes must be operated under the performance rules in §§ 121.189 through 121.197 or §§ 135.379 through 135.387, as applicable (see Table 4‑13, Summary of Dispatch Rules for Large, Turbine‑Powered Transport Category Airplanes). See Figure 4-30, Variations in Turbine Airplane Takeoff Performance.

A.    Runway Limits for Special Civil Air Regulation (SR) 422 Airplanes. Only accelerate‑stop and accelerate‑go distance computations are required to determine takeoff distances for airplanes certified under SR 422. In the accelerate‑go computation, SR 422 airplanes must lift-off (rotation speed (Vr) is not computed or used). The accelerate‑go distance is measured to the point the airplane reaches 35 feet above the runway surface. Clearways and stopways are not allowed. The airplane must cross the end of the runway at or above 35 feet. See Figure 4-31, Runway Limits for SR 422 Airplanes.

B.    Runway Limits for SR 422A Airplanes. The takeoff distance for airplanes certified under SR 422A is the longer distance among the 115 percent all‑engines takeoff distance, the accelerate‑stop distance, and the accelerate‑go distance. The nosewheel is lifted off the ground at Vr which is calculated so that V2 is reached as the aircraft becomes airborne. Clearways may be used but stopways are not allowed. A clearway under SR 422A is an area beyond the runway that is centrally located around the extended centerline and is under the control of airport authorities. A clearway extends 300 feet on either side of the extended runway centerline (RCL) at the runway elevation, and into which only runway lights of 26 inches or less height may intrude. The maximum clearway distance may not exceed one half of the takeoff run distance.

C.    SR 422A and Subsequent Accelerate‑Go Distance. The accelerate‑go distance is measured from the start of the takeoff roll to the point at which the aircraft reaches an elevation of 35 feet above the runway. This point may be over the clearway. Failure of the critical engine is recognized at V1. See Figure 4-32, SR 422 Accelerate‑Go Distance, and Figure 4-33, SR 422B Airplanes Accelerate‑Go Distance.

D.    SR 422A and Subsequent 115 Percent All‑Engines Takeoff Distance. The 115 percent all‑engines takeoff distance is the distance from the start of the takeoff run to the point the airplane reaches 35 feet above the runway elevation, plus an additional 15 percent. This point must be over the runway or the clearway.

E.    SR 422A and Subsequent Takeoff Run. If the takeoff distance is computed using a clearway, the takeoff run is the longer of two distances, either the accelerate‑go takeoff run distance or the 115 percent all‑engines takeoff run distance. See Figure 4-34, SR 422A and Subsequent Takeoff Run, and Figure 4-35, SR422B Airplanes—All Engines Takeoff Distance.

1)    The accelerate‑go takeoff run distance is measured from the start of the takeoff roll to a point equidistant from the point at which lift-off occurs to the point at which the airplane reaches 35 feet above the surface. The critical engine is assumed to fail at critical engine failure speed (Vef) with recognition V1. The end of the takeoff run must be on or over the runway.
2)    The 115 percent all‑engines takeoff run is calculated by measuring from the start of the takeoff roll to the midway point between the lift-off point and the point at which the airplane reaches 35 feet above the runway surface and by then adding 15 percent. The takeoff run must be on or over the runway surface.

NOTE:  To simplify clearway computations, the maximum allowable clearway is normally stated by the manufacturer as a specified number of feet for a given runway length.

F.    Stopways. For SR 422B and part 25 airplanes, a stopway may be used to extend the effective runway length when computing the weight limited by the accelerate‑stop distance. A stopway is an area that is beyond the runway, at least as wide as the runway, centrally located about the extended centerline of the runway, and designated by the airport authorities for use in decelerating the airplane during a refused takeoff. A stopway must be capable of supporting the airplane without inducing structural damage. The surface characteristics of the stopway may not differ substantially from those of a smooth, dry, hard surface runway. The airplane must be able to accelerate to V1, to experience an engine failure, and then to lift-off on the actual runway surface. See Figure 4-36, SR 422B and Part 25 Accelerate/Stop Distance.

G.    Unbalanced Field Length. The 115 percent all‑engines takeoff distance is usually the controlling distance for SR 422A and subsequent airplanes. A V1 selected to achieve a balanced field length usually exceeds Vr, a condition not allowed by regulations. For these airplanes, V1 is normally selected as identical to Vr and the balanced field length concept is not applicable.

H.    Climb Limit Weights. The takeoff weight of large turbine‑powered airplanes must be limited to allow the aircraft to climb at a specified gradient through each of the defined climb segments of the takeoff flightpath. The climb segments are defined as follows:

1)    The first climb segment starts from lift-off to the point at which the landing gear is retracted, but not less than 35 feet above the runway. Airplanes certified under SR 422 and subsequent rules must attain V2 speed before exceeding 35 feet above the runway surface. Airplanes certified under SR 422 must attain V2 speed as they leave the ground.
2)    The second climb segment starts when the gear is retracted or at 35 feet, whichever is later, and continues at V2 until the selected acceleration height (not less than 400 feet above the runway).
3)    The third (final) climb segment starts at the acceleration height and continues until the transition to the en route configuration is complete (not lower than 1,000 feet above the runway for SR 422 airplanes and 1,500 feet above the runway surface for SR 422A and subsequent aircraft). The en route speed at the end of the transition segment may not be less than 125 percent of Vs. The final segment (at the operator’s option) may be divided into third and fourth segments. The aircraft may fly level in the third segment (no negative slope allowed), and then accelerate and resume the climb in the fourth segment. The overall gradient, however, is measured from the end of the second segment to the end of the final segment.

I.    Obstacle Clearance Net Flightpath SR 422A, SR 422B, and Part 25. The net takeoff flightpath for SR 422A, SR 422B, and part 25 airplanes is derived by subtracting an increment from the actual path the airplane can fly (gross flightpath). The increment is 1 percent for four‑engine airplanes, 0.9 percent for three‑engine airplanes, and 0.8 percent for two‑engine airplanes. The net flightpath begins at the point the airplane reaches 35 feet above the runway and must pass not less than 35 feet over each obstacle. The use of a net flightpath has the effect of adding 10 feet for four‑engine airplanes, 9 feet for three‑engine airplanes, and 8 feet for two‑engine airplanes with obstacle clearance for each 1,000 feet of distance traveled from the end of the runway. See Figure 4‑37, Obstacle Clearance SR 422A, SR 422B, and Part 25.

J.    Obstacle Clearance SR 422 Airplanes. The net flightpath for SR 422 airplanes is computed by multiplying the distance traveled from the end of the runway to the obstacle by 1.01 and by then adding 35 feet. See Figure 4‑38, Obstacle Clearance SR 422 Only.

K.    One‑Engine Inoperative En Route Performance. Turbine‑powered, transport category airplanes must, at all points along the intended route after an engine fails, be able to clear all terrain and obstructions by 1,000 feet that are within 5 statute miles on either side of the intended track. This requirement must be met at the forecast temperature for the required altitudes at the planned time of the flight.

1)    One means of complying with this rule is to limit the takeoff gross weight so that, considering fuel burn, the aircraft will be light enough to ensure the necessary performance over the most critical point on the route. When the rule is applied in this way, it must be shown that the airplane can at least fly level with one engine inoperative at an altitude of at least 1,000 feet above the terrain and 1,500 feet above the destination airport, using net flightpath data. In this case, the net flightpath is derived by subtracting 1.6 percent gradient for four‑engine airplanes, 1.4 percent for three‑engine airplanes, and 1.1 percent for two‑engine airplanes from the actual climb performance the airplane can produce. Thus, the net climb gradient capability remains a performance margin at the weight, altitude, and temperature anticipated at the critical point on the route.
2)    Takeoff gross weights higher than those obtained by the method in subparagraph 4-523K1), may be achieved by fuel jettison or driftdown. When fuel jettison or driftdown is used, the operator must show that the net flightpath available after engine failure would permit the airplane to clear all terrain by at least 2,000 feet while cruising, or when drifting down to an alternate airport within range of the fuel remaining after jettison. An SR 422 airplane must have enough fuel after jettison to reach a point overhead the planned alternate airport. At the planned arrival weight, the airplane must be capable of maintaining a positive climb gradient at an altitude of 1,000 feet above the designated airport. An SR 422A airplane, an SR 422B airplane, or a part 25 airplane must have enough fuel after jettison to reach the alternate airport and to then fly an additional 15 minutes. The airplane must be capable of maintaining a positive climb gradient at an altitude of 1,500 feet above the designated airport. The prevailing wind and temperature forecast must be taken into account in the area. An en route alternate airport to which the airplane is assumed to divert (at which the weather is forecasted to meet the prescribed weather minimums) must be specified on the flight plan and clearance forms.
3)    POIs should be aware that the engine‑out en route performance limit is particularly critical for two‑engine airplanes operated in the mountainous portions of the western contiguous United States and Alaska. POIs must exercise particular care when evaluating this element of an operator’s program.

L.    Two‑Engines Inoperative En Route. Any flight during which the airplane is not at all times within 90 minutes of a suitable landing area (measured at normal all‑engines cruise speed) must be assumed to have had a double‑engine failure occur at the most critical point along the route. The airplane must be able to reach an alternate airport from this point. Any airport that has sufficient runway length to accommodate the 60‑percent alternate landing requirements may be considered suitable. When establishing the weight limitations to comply with this rule, the takeoff weight is reduced by the normal en route fuel consumption of all engines. Then, at the critical point, two‑engines are assumed to fail simultaneously. Twin‑engine extended‑range jet transport operations will be included at a later date.

1)    For SR 422 airplanes, the airplane must be able to maintain a positive slope at an altitude of 1,000 feet above all terrain or obstacles and within 5 miles on either side of the intended track, or at 5,000 feet MSL, whichever is higher.
2)    For SR 422A airplanes, the airplane must be able to maintain a positive slope of 1,000 feet above all obstructions for 5 miles on either side of the intended track, or at 2,000 MSL, whichever is higher.
3)    For SR 422B and part 25 airplanes, the airplane must be able to clear all obstructions for 5 miles on either side of the intended track by 2,000 feet vertically.
4)    When the planned airplane takeoff weight exceeds that determined according to subparagraph 4‑523L1), 2), or 3), fuel jettison may be used. The net flightpath must have a positive slope at 1,000 feet above the airport where the landing is assumed to be made for SR 422 airplanes and at 1,500 feet for SR 422A and subsequent airplanes.
5)    SR 422 airplanes must have sufficient fuel after jettison to be able to reach the en route alternate airport. SR 422A and subsequent airplanes must be able to fly for 15 minutes at cruise power after reaching the designated alternate airport. Designated en route alternate airports must be listed on the dispatch release and on the Federal Aviation Administration (FAA) Flight Plan.

M.    Approach Climb. Airplane weight during approach must be planned so that a specified gradient of climb is available with one‑engine inoperative, at takeoff thrust, and at the temperature forecasted to exist on arrival. The flap angle used to establish approach climb‑out performance must be chosen so that the stall speed with this flap setting will not exceed 110 percent of the stall speed with landing flaps. The climb speed used must not exceed 150 percent of the approach stall speed. The specified climb gradient must be the following:

·    2.7 percent or better for four‑engine airplanes,

·    2.4 percent or better for three‑engine aircraft, or

·    2.1 percent or better for two‑engine airplanes.

N.    Landing Climb. For release, the weight of the airplane (allowing for normal en route fuel and oil consumption) must result in a landing approach weight at which the airplane can climb at a gradient of 3.2 percent or better. Landing climb gradient is measured with all engines operating at the thrust available 8 seconds after the initial moving of the throttles from idle to takeoff position. The flap setting used to establish landing climb‑out performance is usually the full‑down position. The speed used must not exceed 130 percent of the stall speed in this configuration.

O.    Landing Distance Limitations. For release, turbine airplanes must conform to the following limitations:

1)    Turbojets must be able (allowing for normal en route fuel and oil consumption) to land within 60 percent of the effective runway at both the destination and the alternate airports.
2)    Turbopropeller airplanes must be able to land within 60 percent of the effective runway at the destination and 70 percent at the alternate airport.
3)    A flight may be dispatched that cannot meet the 60‑percent runway requirement at the destination if an alternate airport is designated where the flight can land within the distance specified for an alternate airport.
4)    When a runway is forecasted to be wet or slippery at the destination, 15 percent must be added to the required landing runway length. A correction is not applied to the alternate landing runway length for preflight planning.

Table 4‑13.  Summary of Dispatch Rules for Large, Turbine‑Powered Transport Category Airplanes

Temperature Correction

No

Data at Ambient Temperature

 

 

 

STRUCTURAL LIMITS

 

 

Maximum Taxi

Yes

AFM Limit

Maximum Takeoff

Yes

AFM Limit

Zero Fuel Weight

Yes

AFM Limit

 

 

 

TAKEOFF

 

 

Accelerate‑Stop

Yes

§ 121.189, § 135.379

All‑Engines

Yes

§ 121.189, § 135.379

Accelerate‑Go

Yes

§ 121.189, § 135.379

Obstacle Limit

Yes

§ 121.189, § 135.379

Climb Limit

Yes

§ 121.189, § 135.379

 

 

 

EN ROUTE LIMITS

 

 

All‑Engines

No

 

One‑Engine Inoperative

Yes

§ 121.191, § 135.381

Two‑Engine Inoperative

Yes

§ 121.193, § 135.383

 

 

 

Approach Climb

Yes

§ 121.195(a), § 25.121(d) § 135.385(a), § 25.121(d)

 

 

 

Landing Climb

Yes

§ 121.195(a), § 25.119 § 135.385(a), § 25.119

 

 

 

Maximum Landing Weight

Yes

AFM Limit

 

 

 

RUNWAY LIMITS

 

 

Destination

Yes

§ 121.195, § 135.385

Alternate

Yes

§ 121.197, § 135.387

Figure 4‑30.  Variations in Turbine Airplane Takeoff Performance

Figure 4-30, Variations in Turbine Airplane Takeoff Performance

Figure 4‑31.  Runway Limits for SR 422 Airplanes

Figure 4-31, Runway Limits for SR 422 Airplanes. Critical Engine Failure recognized at V1

Figure 4‑32.  SR 422 Accelerate‑Go Distance

Figure 4-32, SR 422 Accelerate-Go Distance. Critical Engine Failure recognized at V1

Figure 4‑33.  SR 422B Airplanes Accelerate‑Go Distance

Figure 4-34, SR 422B Airplanes Accelerate-Go Distance

Figure 4‑34.  SR 422A and Subsequent Takeoff Run

Figure 4-33, SR 442A and Subsequent Takeoff Run

Figure 4‑35.  SR 422B Airplanes—All Engines Takeoff Distance

Figure 4-35, SR 422B Airplanes-All Engines Takeoff Distance

Figure 4‑36.  SR 422B and Part 25 Accelerate/Stop Distance

Figure 4-36, SR 422B and Part 25 Accelerate/Stop Distance

Figure 4‑37.  Obstacle Clearance SR 422A, SR 422B, and Part 25

Figure 4-37, Obstacle Clearance SR 422A, SR 422B, and Part 25

Figure 4‑38.  Obstacle Clearance SR 422 Only

Figure 4-38, Obstacle Clearance SR 422 Only

4-524    PERFORMANCE RULES FOR LARGE NONTRANSPORT AIRPLANES. A large nontransport airplane may only be operated under the performance rules of §§ 121.199 through 121.205 or of § 135.363 and §§ 135.389 through 135.395 (see Table 4‑14, Summary of Dispatch Rules for Large Nontransport Category Airplanes).

A.    Standard Temperatures. Takeoff performance for large nontransport airplanes may be based on standard temperatures without correction for ambient conditions.

B.    Runway Limit. The airplane must be capable of stopping on the remaining runway at any point up to 105 percent of minimum control speed with the critical engine inoperative out of ground effect (red radial line) (Vmca), or 115 percent of Vg, whichever is greater. Wind and the runway gradient must be considered if they adversely affect performance. Effective runway length is defined as the intersection of the rollout end of the runway and the 20:1 obstacle clearance plane or the end of the runway surface, whichever is shorter. The airplane must cross the effective end of the runway at 50 feet above the runway elevation feet with the critical engine inoperative.

C.    En Route Climb Limit Weight. The airplane must be able to climb at 50 feet per minute at an altitude of 1,000 feet above the highest obstacle, within 5 miles on either side of the intended route, or 5,000 feet MSL, whichever is higher, with the critical engine inoperative. POIs may approve a driftdown procedure instead of this requirement. During driftdown, the airplane must be able to clear all terrain within 5 miles of the course by 1,000 feet, based on assuming a descent rate of 50 feet per minute greater than the figure in the approved performance data. Before approving such a procedure, the POI shall consider the following factors:

·    Reliability of wind and weather forecasts in the area;

·    Location and availability of Navigational Aids (NAVAID);

·    Prevailing weather conditions in the area (particularly the frequency and amount of turbulence in the area);

·    Terrain features; and

·    Possible air traffic control (ATC) problems.

NOTE:  Operator compliance with the requirements described in this paragraph does not relieve a part 135 operator of having to comply with § 135.181. The engine‑out en route requirements of § 135.181 can be more limiting than the restrictions described in this paragraph.

D.    Approach and Landing Climb Limit Weights. There are no approach or landing climb limits required by part 121 subpart I or part 135 subpart I.

E.    Destination and Alternate Runway Limits Weight. For release, the airplane must be able to land within 60 percent of the effective runway length at the destination and within 70 percent of the effective length of the alternate runway.

Table 4‑14.  Summary of Dispatch Rules for Large Nontransport Category Airplanes

Temperature Correction

No

§ 121.199(b)(4), § 135.389(b)(4)

 

 

 

STRUCTURAL LIMITS

 

 

Maximum Takeoff

Yes

AFM or Placard

Zero Fuel

No

 

 

 

 

TAKEOFF

 

 

Accelerate-Stop

Yes

§ 121.199(a), § 135.389(a)

All‑Engines

No

 

Accelerate‑Go

No

 

Climb Limit

No

 

Obstacle Limit

No

 

 

 

 

EN ROUTE LIMITS

 

 

All‑Engines

No

 

One‑Engine Inoperative

Yes

§ 121.201, § 135.391

§ 135.181

 

 

 

 

 

Two‑Engine Inoperative

No

 

Zero Fuel Weight

No

 

 

 

 

Approach Climb

No

 

Landing Climb

No

 

 

 

 

Maximum Landing

Yes

AFM or Placard

 

 

 

RUNWAY LIMITS

 

 

Destination

Yes

§ 121.203, § 135.393

4-525    RULES FOR RELEASE OF COMMUTER CATEGORY AIRPLANES. Commuter category airplanes must be operated under the performance rules in §§ 135.363 and 135.398 (see Table 4‑15, Summary of Dispatch Rules for Commuter Category Airplanes).

A.    Runway Takeoff Weight Limits. These rules parallel the rules for large turbine‑powered airplanes certified under part 25. Takeoff weight must be limited to the lowest weight allowed by the following:

·    Accelerate‑go,

·    Accelerate‑stop, and

·    115 percent all‑engines.

B.    Climb‑Limit Weights. The climb‑limit weight requirements for a commuter category airplane with the critical engine inoperative are as follows:

1)    In the first climb segment (until the landing gear is retracted, but not less than 35 feet), the following airplane types must maintain the following gradients:

·    Two‑engine airplanes at a positive gradient,

·    Three‑engine airplanes at a 0.3‑percent gradient, and

·    Four‑engine airplanes at a 0.5‑percent gradient.

2)    The second climb segment begins at gear retraction and extends to 400 feet. During the second climb segment, the landing gear is retracted and the propeller on the failed engine is windmilling or auto‑feathered (no pilot action allowed), and the following airplane types must be able to climb out at the following gradients:

·    Two‑engine airplanes at a 2.0‑percent gradient,

·    Three‑engine airplanes at a 2.3‑percent gradient, and

·    Four‑engine airplanes at a 2.6‑percent gradient.

3)    In the third and final climb segment (400 feet to 1,500 feet above the runway), the following airplane types must be able to climb at the following gradients:

·    Two‑engine airplanes at a 1.2‑percent gradient,

·    Three‑engine airplanes at a 1.5‑percent gradient, and

·    Four‑engine airplanes at a 1.7‑percent gradient.

C.    Obstacle Limits. Commuter category airplanes must be able to clear all obstacles in the takeoff path either by 200 feet horizontally or by 35 feet vertically within the airport boundaries and 300 feet outside. A net flightpath must be used. The aircraft’s actual climb‑out path capability must be reduced by the following: 0.8 percent for two‑engine airplanes, 0.9 percent for three‑engine airplanes, and 1.0 percent for four‑engine airplanes.

D.    En Route. At takeoff weight, the airplane must be capable of maintaining a specific climb gradient at the ambient temperature, at 5,000 MSL, and with one engine inoperative. The en route limitation of § 135.181 can be more restrictive.

E.    Approach Climb. Takeoff weight must be limited so that, upon arrival at the destination or alternate airport, and with the critical engine inoperative, the following airplane types must be able to climb at the following gradients:

·    Two‑engine airplanes at a 2.1‑percent gradient,

·    Three‑engine airplanes at a 2.4‑percent gradient, and

·    Four‑engine airplanes at a 2.7‑percent gradient.

F.    Landing Climb. Takeoff weight must be limited so that upon arrival at the destination or alternate airport, in the landing configuration, and with full power available, the airplane is able to climb at a 3.3‑percent gradient.

G.    Landing Runway Requirements. Takeoff weight must be limited so that, at the planned weight upon arrival at the destination airport, the airplane may land within 60 percent of the available runway. At the planned weight upon arrival at the alternate airport, the airplane must be able to land within 70 percent of the available runway.

Table 4‑15.  Summary of Dispatch Rules for Commuter Category Airplanes

Temperature Correction

No

(Ambient temperature in AFM data.)

 

 

 

STRUCTURAL LIMITS

 

 

Maximum Taxi Weight

Yes

AFM and § 135.398(a)

Maximum Takeoff Weight

Yes

AFM and § 135.398(a)

Zero Fuel Weight

Yes

AFM and § 135.398(a)

 

 

 

TAKEOFF

 

 

Accelerate-Stop

Yes

§ 135.398(a), § 23.25(a), and § 23.55

All‑Engines

Yes

§ 135.398(a), § 23.25(a), and
§ 23.1583(c)(3)(i)

Accelerate‑Go

Yes

§ 135.398(a), § 23.25(a), and
§ 23.1583(c)(3)(i)

Obstacle Weight

Yes

§ 135.389(b)

 

 

 

EN ROUTE LIMITS

 

 

All‑Engines

No

 

One‑Engine Inoperative

Yes

§ 135.381

Overwater

Yes

§ 135.383

Approach Climb

Yes

§ 135.389(c), § 135.385(a)

 

 

 

Landing Climb

Yes

§ 135.389(c), § 135.385(a)

 

 

 

Maximum Landing Weight

Yes

AFM and § 135.389(c)

 

 

 

RUNWAY LIMITS

 

 

Destination

Yes

§ 135.385(b), (c), or (d)

Alternate

Yes

§ 135.387

4-526    SMALL TRANSPORT CATEGORY AIRPLANES OPERATED UNDER PART 135. A small transport category airplane is an airplane certified in the transport category of less than 12,500 pounds maximum takeoff weight (MTOW). Sections 135.363 and 135.397(b) apply to small turbine‑powered airplanes and §§ 135.363 and 135.397(a) to small, reciprocating‑powered transport category airplanes. In summary, the dispatch performance rules for small transport category airplanes are the same as those for large transport category airplanes. However, operators of small transport category airplanes are not required to be able to show that the airplane is capable of clearing obstacles in the takeoff path in the case of the loss of an engine. Part 135 operators of these aircraft are not required to maintain a runway analysis.

4-527    SMALL NONTRANSPORT CATEGORY AIRPLANES WITH 10 TO 19 PASSENGER SEATS AND UP TO 12,500 MTOW. Reciprocating or turbopropeller airplanes with up to 19 passenger seats that are certified in the normal category under the provisions of the special conditions of the Administrator, part 23, Special Federal Aviation Regulations (SFAR) 23, or SFAR 41 subparagraph 1(a) have specified performance rules. To be operated with more than 9 passenger seats, these airplanes must comply with the additional airworthiness requirements in part 135 appendix A or the equivalent conditions in SFAR 23 or SFAR 41. These airplanes may be operated up to 12,500 MTOW. See Table 4‑16, Summary of Dispatch Rules for Small Normal Category Airplanes (Special Conditions, Appendix A, SFAR 23 or SFAR 41, Paragraph 1(a)), for a listing of the airplanes operated under these rules.

A.    Applicable Performance Rules. Section 135.399 requires that these airplanes be operated within the takeoff and landing weight limitations of the AFM. Part 135 appendix A, paragraph 19 specifies those performance limitations that must be included in the flight handbook. A summary of these takeoff and landing weight limits follows.

1)    The takeoff weight for each runway and temperature is limited by:

·    Accelerate-stop distance,

·    Accelerate‑go distance, and

·    All‑engines climb to 50 feet distance.

2)    Takeoff weight must be limited so that the following capabilities of the airplane are required:
a)    The airplane must be capable of climbing with all engines operating at the airport elevation in the takeoff configuration at 300 feet per minute.
b)    The airplane must be capable of a positive rate of climb at V1 with the gear extended and the critical engine failed.
c)    The airplane must be capable of a climb gradient of 2 percent at V2 with the gear retracted and the critical engine failed.
d)    The airplane must be capable of climbing to a height of 1,000 feet above the runway at V2 speed in the takeoff configuration with the critical engine failed.
e)    The airplane must be capable of maintaining a climb gradient of 1.2 percent at 1,000 feet above the runway elevation in the en route configuration with the critical engine failed.

NOTE:  In the case of the loss of an engine, these airplanes are not required to be able to clear obstacles in the takeoff path.

3)    The §§ 135.181 and 135.183 en route and overwater restrictions apply to passenger‑carrying operations.
4)    The takeoff weight must be limited so that upon arrival at the destination and the alternate airport, assuming normal fuel burn and with all engines operating, the airplane is able to climb at a 3.3‑percent gradient.

B.    Destination and Alternate Airport Limits. For airplanes certified under part 135 appendix A or SFAR 41, subparagraph 1(a), the airplane must be able to land within the AFM limits. The weights shown in the AFM have been corrected to 60 percent of the effective runway length at the destination airport and to 70 percent of the effective runway length at the alternate airport.

Table 4‑16.  Summary of Dispatch Rules for Small Normal Category Airplanes (Special Conditions, Appendix A, SFAR 23, or SFAR 41 subparagraph 1(a))

Temperature Correction

No

(Ambient temperatures must be used in AFM data.)

 

 

 

STRUCTURAL LIMITS

 

 

Maximum Taxi Weight

Yes

AFM and § 135.399(a)

Maximum Takeoff Weight

Yes

AFM and § 135.399(a)

Zero Fuel Weight

No

(Not AFM Limit)

 

 

 

TAKEOFF

 

 

Accelerate-Stop

Yes

§ 135.399(a), Appendix A Subparagraph 5(c)

All‑Engines Distance

Yes

Appendix A Subparagraph 5(d)

Accelerate‑Go

Yes

Appendix A Subparagraph 5(e)

T/O Climb Limit

Yes

§ 135.399(a), Appendix A Subparagraph 6(b)

 

 

 

 

 

 

Obstacle Limit Weight

No

 

 

 

 

EN ROUTE LIMIT

 

 

All‑Engines

No

 

One‑Engine Inoperative

Yes

§ 135.181

Overwater

Yes

§ 135.183

 

 

 

Approach Climb

No

 

Landing Climb

Yes

Appendix A Subparagraph 6(a)

 

 

 

MAXIMUM LANDING WEIGHT

 

 

Special Conditions and SFAR 23

Yes

AFM Limit

Appendix A and SFAR 41.1(a)

Yes

§ 135.399(a), § 23.25(a)

 

 

 

RUNWAY LIMITS DESTINATION

 

 

Special Conditions and SFAR 23

No

 

Appendix A and SFAR 41.1(a)

Yes

§ 135.399(a)

 

 

 

ALTERNATE

 

 

Special Conditions and SFAR 23

No

 

Appendix A and SFAR 41.1(a)

Yes

§ 135.399(a)

4-528    RULES FOR RELEASE OF SFAR 41 SUBPARAGRAPH 1(b) AIRPLANES. SFAR 41 subparagraph 1(b) applies to turbopropeller and reciprocating‑powered airplanes of more than 12,500 pounds, but not more than 19,000 pounds MTOW, with up to 19 passenger seats.

A.    Section 135.399. Section 135.399 requires that these SFAR 41 subparagraph 1(b) airplanes be operated within the takeoff and landing weight limitations of the AFM and §§ 135.385, and 135.387.

B.    SFAR 41 Subparagraph 1(b). SFAR 41 subparagraph 1(b) airplanes must meet all of the requirements of paragraph 4‑527 and operators must adhere to the following additional requirements:

1)    A maximum zero fuel weight must be specified in the AFM.
2)    The landing computation rules must be the same as those for turbine‑powered, transport category airplanes. The airplane must be able to land at the planned destination airport within 60 percent of the effective runway length and at the alternate airport within 70 percent of the effective runway length.

4-529    RULES FOR RELEASE OF SMALL, NORMAL CATEGORY AIRPLANES WITH LESS THAN 10 SEATS. Reciprocating or turbopropeller‑powered airplanes certified in the normal category and operated under part 135 with less than 10 passenger seats have specified rules (see Table 4‑17, Rules for Release of Small Normal Category Airplanes with Less Than 10 Passenger Seats).

Indicates new/changed information.

A.    Weight Limit. There are no takeoff weight limits in part 135 for these airplanes. There are both takeoff and landing weight limits in the AFM. The regulation that makes the AFM limitations apply to part 135 operations is 14 CFR part 91, § 91.9.

B.    Takeoff Runway Limits. There are no runway performance limits specified in either the AFM or in part 135. Many of these airplanes have accelerate‑stop distances expressed in flight manuals as advisory information. An accelerate‑stop distance is a limitation only when expressed as such by the AFM. Some airplanes of the same make and model have such limitations while others do not, depending on the airplane’s date of manufacture.

C.    Climb Limits. There is no requirement that the airplane must be able to maintain a positive gradient in case of an engine failure. These airplanes are not required to be able to clear obstacles in the takeoff path in case of the loss of an engine.

D.    En Route. The provisions of § 135.181 for instrument flight rules (IFR) operations with passengers, and the provisions of § 135.183 for overwater operations with passengers, apply to these airplanes (see paragraph 4‑500). Most airplanes with less than 6,000 pounds takeoff weight are unable to meet the § 135.181 restriction, which effectively precludes their use in planned IFR passenger operations. Multiengine airplanes with over 6,000 pounds MTOW must be able to climb at a rate (depending on temperature) specified in part 23 with one engine out at 5,000 feet MSL. Many of these airplanes are not be able to meet the requirements of § 135.181 over any surface higher than sea level.

Table 4‑17.  Rules for Release of Small Normal Category Airplanes with Less Than 10 Passenger Seats

Temperature Correction

No

AFM Data Shown At

 

 

 

STRUCTURAL LIMITS

 

 

Maximum Taxi Weight

Yes

AFM or Placard

Maximum Takeoff Weight

Yes

AFM or Placard

Maximum Landing Weight

Yes

AFM or Placard

Zero Fuel Weight

No

 

 

 

 

TAKEOFF

 

 

Accelerate-Stop

No

 

All‑Engines

No

 

Accelerate‑Go

No

 

Obstacle

No

 

T/O Climb Limit

No

 

 

 

 

EN ROUTE LIMITS

 

 

All‑Engines

No

 

One‑Engine Inoperative

Yes

§ 135.181

Overwater

Yes

§ 135.183

 

 

 

Approach Climb

No

 

Landing Climb

No

 

Maximum Landing Weight

Yes

AFM

 

 

 

RUNWAY LIMITS

 

 

Destination

No

 

Alternate

 

 

Table 4‑18.  Certification and Operating Rules for Turbopropeller and Reciprocating Multiengine Passenger Airplanes

Airplane

Maximum Passenger Seats

Certification Category and Performance Rules

Aerospatiale/Aerilati ATR 42 (series)

50

Large T‑Category, Part 121

Beechcraft BE‑18 Twin Beech

9

CAR 3

BE‑55 Baron BE‑58

5

CAR 3

BE‑60 Duke

5

Part 23

BE‑76 Duchess

3

Part 23

BE‑90 King Air

10

Special Conditions § 135.169(b)(2)

BE‑100 King Air

10

Parts 23/135 Appendix A, § 135.169(b)(4)

BE‑200 King Air

15

Parts 23/135 Appendix A, § 135.169(b)(4)

BE‑300 King Air

15

Large T‑Category, § 135.169(b)(1)

BE‑99

12

SFAR 23, § 135.169(b)(3)

BE‑1300 Airliner

13

SFAR 23, § 135.169(b)(3)

BE‑1900

19

SFAR 41 Subparagraph 1(b), § 135.169(b)(6)

Boeing (De Havilland) Twin Otter (100,200,300)

10+

SFAR 23, § 135.169(b)(3)

DH‑8

50

Large T‑Category, Part 121

British Aerospace (Hadley Page) Bae‑3101 Jetstream

19

SFAR 41 Subparagraph 1(b), § 135.169(b)(6)

Bae‑3201 Super Jetstream

19

Commuter Category, § 135.398

Casa C212‑300

26

T‑Category, § 135.397, Cessna

300 Series

5

CAR 3

402

8

CAR 3

404 Titan

11

Parts 23, § 135.169(b)(4)

406 Caravan II

12

SFAR 41 Subparagraph 1(a), § 135.169(b)(5)

414

7

CAR 3

421

7

CAR 3

Commander Turbine‑Powered

10

CAR 3

Commuter Air Transport CATPASS 200‑15

13

Parts 23 and 135 Appendix A, § 135.169(b)(4)

Dornner DO228‑212

19

Part 23 and 135 Appendix A, § 135.169(b)(4)

Embraer EMB‑110‑P1 Bandeerante

19

SFAR 41 Subparagraph 1(b), § 135.169(b)(6)

EMB‑120 Brasillia

30

Large T‑Category, Part 135

Fairchild (Swearingen)

 

SFAR 23

SA 226

8

§ 135.169(b)(3)

SA 227‑AT/41 Merlin IV

14

SFAR 41 Subparagraph 1(b), § 135.169(b)(6)

SA 227‑AC Metroliner III

19

SFAR 41 Subparagraph 1(b), § 135.169(b)(6)

GAF N24A Nomad

16

SFAR 23, § 135.169(b)(4)

Mooney MU‑2

8

CAR 3

Pilatus (Britten‑Norman) BN2B‑20&26 Islander

8

Parts 23 and 135 Appendix A, § 135.169(b)(4)

BN2T Turbine Islander

8

Parts 23 and 135 Appendix A, § 135.169(b)(4)

Piper All

9 or Less

CAR 3, Part 23

Saab‑Scania 340B

35

Large T‑Category, Part 121

Short Brothers 330

Large T‑Category 30

Part 135

360 Skyvan

Large T‑Category 36

Part 121

Volpar Turboliner (Modified BE‑18)

10+

SFAR § 135.169(b)(3)

RESERVED. Paragraphs 4‑530 through 4‑545.


6/4/14                                                                                                                                            8900.1 CHG 0

Volume 4  aircraft equipment and operational authorizations

chapter 4  MINIMUM EQUIPMENT LISTS (MEL) AND CONFIGURATION DEVIATION LISTS (CDL)

Section 2  Approve a Minimum Equipment List for a 14 CFR Part 91 Operator

4-656    PROGRAM TRACKING AND REPORTING SUBSYSTEM (PTRS) ACTIVITY CODES.

A.    Initial Approval: 1425.

B.    Revision: 1426.

4-657    OBJECTIVE. The objective of this task is to determine whether an operator meets the regulatory requirements for safe and appropriate flight, with certain instruments and equipment inoperative, under Title 14 of the Code of Federal Regulations (14 CFR) part 91. Successful completion of this task results in the issuance or denial of a letter of authorization (LOA) to operate under part 91 with a minimum equipment list (MEL).

4-658    GENERAL.

A.    Authority. Part 91, § 91.213 authorizes flight with inoperative equipment under specific conditions.

B.    Definitions.

1)    Aircraft Evaluation Group (AEG). The Federal Aviation Administration (FAA) office responsible for the development and publication of an approved Master Minimum Equipment List (MMEL) for those aircraft within its area of responsibility.
2)    Aircraft Flight Manual (AFM). The source document for operational limitations and performance for an aircraft. The term AFM can apply to either an Airplane Flight Manual or a Rotorcraft Flight Manual (RFM). The FAA requires an AFM for type certification. The responsible FAA Aircraft Certification Office (ACO) approves an AFM.
3)    Aircraft Maintenance Manual (AMM). The source document for maintenance procedures for an aircraft. The term AMM can apply to either an airplane maintenance manual or a rotorcraft maintenance manual. The FAA requires the AMM for type certification.
4)    Airworthiness Directive (AD). A mandatory airworthiness requirement for a particular make and model of aircraft or installed equipment. An AD is supplementary to the aircraft’s original airworthiness approval.
5)    Airlines for America (A4A) Numbering System. Refers to systems on different aircraft in a standardized manner. MMELs use the A4A numbering system.
6)    Calendar‑Days. Includes all days, with no exclusion for weekends and holidays.
7)    Deactivation. To make a piece of equipment or an instrument unusable by the pilot/crew by preventing its operation.
8)    Deferred Maintenance. The postponement of the repair or replacement of an item of equipment or an instrument.
9)    Equipment List. An inventory of equipment installed by the manufacturer or operator on a particular aircraft.
10)    Flight Operations Evaluation Board (FOEB). The FOEB is composed of FAA personnel who are operations, airworthiness, avionics, and aircraft certification specialists. The FOEB develops an MMEL for a particular aircraft type under the direction of the AEG.
11)    Inoperative. A system and/or component malfunction to the extent that it does not accomplish its intended purpose and/or is not consistently functioning normally within approved operating limits or tolerances.
12)    Kinds of Operations List (KOL). Specifies the kinds of operations (e.g., visual flight rules (VFR), instrument flight rules (IFR), day, or night) in which the aircraft can be operated. The KOL also indicates the installed equipment that may affect any operating limitation. Although the certification rules require this information, there is no standard format; consequently, the manufacturer may furnish it in various ways.
13)    Letter of Authorization (LOA). A Flight Standards District Office (FSDO) issues an LOA to an operator when the FSDO authorizes an operator to operate under the provisions of an MEL. Together, the LOA, the procedures document (see subparagraph 4‑658B22), and the MMEL constitute a Supplemental Type Certificate (STC). The operator must carry the STC in the aircraft during its operation (see Figure 4‑40, Preamble for Part 91 Operations). If applicable, issue the LOA (Figure 4‑44, Letter of Authorization) to the management company involved in fractional ownership arrangements. Each individual owner shall not be listed in the LOA.
14)    Maintenance. The inspection, overhaul, repair, preservation, or replacement of parts. This definition excludes preventive maintenance (see subparagraph 4‑658B21). After a mechanic performs other than preventive maintenance, a properly certificated maintenance person must approve the aircraft for return to service.
15)    Master Minimum Equipment List (MMEL). An MMEL contains a list of items of equipment and instruments that may be inoperative on a specific type of aircraft (e.g., BE‑200, Beechcraft model 200). It is also the basis for the development of an individual operator’s MEL.
16)    Minimum Equipment List (MEL). The MEL is the specific inoperative equipment document for a particular make and model of aircraft by serial and registration numbers (e.g., BE‑200, N12345). A part 91 MEL consists of the MMEL for a particular type aircraft, the preamble for part 91 operations, the procedures document, and an LOA. The FAA considers the MEL as an STC. As such, the MEL permits operation of the aircraft under specified conditions with certain equipment inoperative.
17)    Next Required Inspection. The inspection required under an FAA‑approved inspection program, a 100‑hour inspection, or an annual inspection, as appropriate.
18)    Operator. Refers to an individual or company (corporation, entity, etc.), and for purposes of this section refers only to part 91 operators.
19)    Operations and Maintenance (O&M). O&M procedures in the MMEL refer to the specific maintenance procedures the operator uses to disable or render inoperative items of equipment and to specific operating conditions and limitations, as appropriate.
a)    An O symbol in column 4 of the MMEL indicates that a specific operations procedure must be accomplished before or during operation with the listed item of equipment inoperative. Normally, the flightcrew accomplishes these procedures; however, other personnel, such as maintenance personnel, may be qualified and authorized to perform the procedure.
b)    An M symbol in column 4 of the MMEL indicates that a specific maintenance procedure must be accomplished before beginning operation with the listed item of equipment inoperative. Normally, maintenance personnel accomplish these procedures; however, other personnel, such as the flightcrew, may be qualified and authorized to perform certain functions. Qualified maintenance personnel must perform procedures requiring specialized knowledge, skills, or the use of tools or test equipment.
20)    Placard. A decal or label with letters at least ⅛ inch high. The operator or mechanic must place the placard on or near inoperative equipment or instruments so that it is visible to the pilot or flightcrew and alerts them to the inoperative equipment.
21)    Preventive Maintenance. Refers to simple or minor preservation operations and/or the replacement of small standard parts not involving complex assembly. Title 14 CFR part 43, appendix A contains a list of preventive maintenance items. Qualified mechanics or certificated pilots may accomplish preventive maintenance and approve the aircraft for return to service.
22)    Procedures Document. Pertains to a separate document containing the O&M procedures developed by the operator and any other operating information applicable to operation with an MEL, such as the as‑required‑by‑14 CFR items that list the regulation by part and section or stipulate the operating conditions.
23)    Proposed Master Minimum Equipment List (PMMEL). The PMMEL is the working document used as the basis for development of the MMEL. Normally, the manufacturer proposes it during the certification process. However, an operator of a unique type aircraft, for which an MMEL does not exist, may submit a PMMEL for FAA approval.
24)    Return to Service. Return to service has two applications. An appropriately certificated person approves an aircraft for return to service after an inspection or after maintenance. A certificated pilot, in fact, returns the aircraft to service after the pilot conducts an appropriate preflight and accepts the aircraft for an intended flight.
25)    Small Aircraft. Aircraft with a maximum certificated takeoff weight of 12,500 pounds or less.
26)    Supplemental Type Certificate (STC). A major change in type design not great enough to require a new application for a type certificate (TC) under 14 CFR part 21, § 21.19. An example would be installation of a powerplant different from what was included in the original TC.
27)    Type Certificate Data Sheets (TCDS) and Specifications. A document issued by the FAA which describes the aircraft’s airworthiness requirements relating to a specific type and make and model of aircraft. These documents are available at the FSDO.

4-659    BACKGROUND. Except as provided in § 91.213, all instruments and equipment installed on an aircraft must be operative before its operation. However, the FAA recognized that safe flight can be conducted under the MEL concept and under specific conditions with inoperative instruments and equipment.

A.    Regulatory History. Until the most recent change to § 91.213, the MEL concept only applied to air carrier and commercial operations and General Aviation (GA) operators of multiengine aircraft for which the FAA had developed an MMEL. Operators of aircraft for which the FAA had not developed an MMEL had to comply with § 91.405. This section required that all aircraft discrepancies occurring between required inspections had to be repaired in accordance with part 43 before the aircraft could be operated. This meant that all the aircraft’s instruments and equipment, regardless of whether they were essential or not to the flight operation conducted, had to be operative. Often, this requirement placed a burden on operators.

B.    Amendments to Part 91. The FAA initiated several rulemaking projects to alleviate the regulatory burden of § 91.405 on part 91 operators. Before the issuance of a final rule change, the FAA encouraged public and industry participation, accepted and reviewed public comments, and conducted public hearings which were attended by other government agencies and the industry.

1)    The FAA briefly suspended § 91.213 and allowed issuance of MELs by exemption. During this period the FAA gained valuable information on the usefulness and safety aspects of using MELs in GA.
2)    Further, GA operators have a history of safe operations using § 91.205 as the sole reference for determining the instrument and equipment requirements for a particular flight.
3)    However, operators indicated the need for relief from § 91.405. The FAA agreed that the regulation should reflect current operational practices. Consequently, the FAA amended parts 43 and 91 in December 1988.

C.    Regulatory Requirements. The amendment to parts 43 and 91 provides a regulatory basis for the operation of aircraft with inoperative instruments and equipment. Operators conduct these operations within a framework of a controlled program of maintenance inspections, repairs, and parts replacement. However, operators must exercise good judgment and have, at each required inspection, any inoperative instrument or equipment repaired or inspected or the maintenance deferred, as appropriate.

4-660    APPLICABILITY. This section does not apply to operators holding certificates issued under 14 CFR parts 121, 125, 129, and 135. (For part 125 MELs, see Volume 4, Chapter 4, Section 3. For parts 121, 129, and 135, see Volume 4, Chapter 4, Section 7.) This section provides guidance for the operation of the following aircraft under part 91:

A.    Aircraft for which no MMEL has been Developed.

1)    Rotorcraft.
2)    Nonturbine‑powered airplanes.
3)    Gliders.
4)    Lighter‑than‑air aircraft.

B.    Aircraft for which an MMEL has been Developed, but for which the FSDO has not Authorized Operation with an MEL.

1)    Small rotorcraft.
2)    Nonturbine‑powered, small single‑engine, and multiengine airplanes.

C.    Other. This section applies to all other aircraft which have a part 91 MEL or for which an operator seeks MEL authorization under § 91.213.

D.    Experimental Aircraft. An operator may operate an aircraft for which the FAA has issued an original experimental airworthiness certificate in accordance with § 91.213 only when authorized in that certificate’s operating limitations.

E.    Deviation Holders. Holders of Letters of Deviation Authority (LODA) from part 125 may apply for authorization to operate with a part 91 MEL.

4-661    MEL VS. § 91.213(d). Although the FAA amended part 91 to provide relief to operators under the MEL concept, some operators may find it less burdensome or less complicated to operate under the provisions of § 91.213(d). The inspector should discuss the requirements of each method with the applicant to help the applicant decide which method of compliance better suits the particular operation. Figure 4‑41, Commonly Asked Questions about Minimum Equipment Lists, contains a list of commonly asked questions which may assist.

A.    Listing of Equipment. An MEL is a precise listing of instruments, equipment, and procedures that allow an aircraft to be operated under specific conditions with inoperative equipment. The MMEL, as part of the MEL, by nature does not cover equipment installed or modified under other STCs or field approvals. Any STC or other major modification may make the MMEL for a particular modified aircraft invalid.

B.    Regulatory Requirements. The regulations require that all equipment installed on an aircraft in compliance with the airworthiness standards and operating rules be operative. The FAA‑approved MMEL includes those items of equipment and other items which the FAA finds may be inoperative and yet maintain an acceptable level of safety. The MMEL does not contain obviously required items such as wings, flaps, rudders, etc. When a part 91 operator uses an MMEL as an MEL, all instruments and equipment not covered in the MMEL must be operative at all times regardless of the operation conducted, unless:

1)    They are newly installed and are not a safety‑of‑flight item such as a Traffic Alert and Collision Avoidance System (TCAS), an extra piece of navigational equipment, a wind shear detection device, a ground proximity warning system (GPWS), a radar altimeter, passenger convenience items, etc.
2)    The operator has developed appropriate procedures for disabling or rendering them inoperative.
3)    The operator has contacted the FSDO having oversight within 10 calendar‑days following an installation and requested in writing that the equipment be added to the MMEL.
a)    The operator must furnish the following information:

1.    A copy of the STC or FAA Form 337, Major Repair and Alteration (Airframe, Powerplant, Propeller, or Appliance), that approved each equipment installation and the associated limitations listed in the AFM supplement or on FAA Form 337. The FOEB needs this information to account for installation differences as well as maintaining MMEL relief that is consistent with the limitations.

2.    A system description that sufficiently details the interface of the equipment with the crew (location, controls, operation, how it is used, etc.).

3.    A statement that describes the transfer of function when the equipment is inoperative (not required for the flight, as per crew procedures, because of alternate systems, etc.).

b)    If the FAA determines that the equipment has been previously considered by the FOEB for inclusion in the MMEL and denied, or if the FOEB convenes and denies inclusion, the FAA will not grant relief. The equipment must be operational before the aircraft can take off.
c)    If the FOEB determines that the equipment should be added to the MMEL, the operator will receive the updated MMEL and must prepare O&M procedures for that piece of equipment.
4)    The FSDO should review these petitions to ensure they contain the above information before forwarding the petitions to the FOEB.

C.    Operational Options. If the FAA has not yet authorized operating with an MEL for an operator’s specific aircraft, the operator may apply for an MEL. However, the operator can always elect to operate without an MEL under the provisions of § 91.213(d).

1)    Section 91.213(d) requires only those instruments listed in § 91.213(d)(2) to be operative.
2)    The operator can operate the aircraft with those instruments and equipment not listed in
§ 91.213(d)(2) inoperative.

4-662    CLARIFICATION OF MEL 10‑CALENDAR‑DAY SUBMISSION POLICY. This policy change refers to a perceived requirement to submit changes to the geographically responsible FSDO within 10 days of installation of non‑safety‑of‑flight equipment for inclusion in the MMEL by the appropriate FOEB.

A.    Reference. Reference is made to the current edition of Advisory Circular (AC) 91‑67, Minimum Equipment Requirements for General Aviation Operations Under FAR Part 91, and policy guidance provided by Order 8900.1. While AC 91‑67 refers to a 10‑day application period, no regulatory requirement exists to support this position. The AC, while in question, closely parallels the guidance material in subparagraph 4‑661B3) above.

B.    Install New Piece of Equipment. An operator who wishes to install a new piece of equipment, which is not a safety‑of‑flight item listed in § 91.213(b), on an existing airframe, and wishes to operate with an MEL under the provisions of § 91.213(a), may do so and utilize the manufacturer’s MMEL for that purpose. Handbook guidance provides for the operator to submit certain documentation to the geographic FSDO within 10 days of the completion of the installation. Such documentation must provide information as required by subparagraphs 4‑661B2) and 3)a).

C.    Amendments. Amendments to parts 43 and 91 in December 1988 provided a regulatory basis for the operation of aircraft with inoperative instruments and equipment. The concept involves the conduct of operations within a framework of a controlled program of maintenance inspections, repairs, and parts replacement. The required item not addressed is that of the expected utilization of good judgment on the part of the operator, such that at the next required inspection, any inoperative instruments or equipment will be repaired, inspected, or have the maintenance deferred as appropriate.

D.    Agreement. This office is in agreement with the proposal to change the wording used in the order to reflect the real intent of the guidance. An operator who purchases an aircraft to be used in part 91 operations (as opposed to part 125, 135, or 121 operations (air carrier)) and wishes to add equipment to further utilize and take advantage of the rapid advances in aviation technology may be placed in a disadvantageous position if he or she is required to submit the documentation required for submittal to the FOEB within 10 days of a completion of the installation. While it is true that some operators may have sufficiently preplanned to complete the detailed information prior to contracting the installation, particularly for a new, high‑tech piece of equipment, others may see this as a daunting task.

E.    Application. The paragraphs, as written, lend the impression that any application to the FOEB for inclusion of new equipment on the manufacturer’s MMEL would be denied if the applicant submitted the documentation later than 10 days after installation. The intent of the policy is to provide for timely submission of material to the geographic FSDO.

F.    Non‑Safety‑of‑Flight Equipment. An applicant that has non‑safety‑of‑flight equipment installed on an aircraft should be able to submit the appropriate documentation within a reasonable time period. Once installed in an aircraft operating under the provisions of § 91.213(a), the equipment must be listed on the MEL (manufacturer’s MMEL) so as to permit a takeoff if the equipment becomes inoperative. When the operator makes a proposed change to the MEL for acceptance by the FOEB, through the FSDO in accordance with current policy, the operator may then operate as if the change was accepted until being notified otherwise.

G.    Requirements. This office agrees that there should be no requirement for an operator to remove equipment currently installed on an aircraft in an attempt to meet the 10‑day requirement. A proposed change to the FOEB in addition to the required documentation should be all that is necessary to continue to operate in accordance with § 91.213(a).

4-663    RELATIONSHIP BETWEEN THE PMMEL, MMEL, AND MEL. When an aircraft is first manufactured, the FOEB determines the minimum operative instruments and equipment required for safe flight in that aircraft type in each authorized operating environment. During the type certification process, the manufacturer submits a PMMEL to the FOEB. Based on its determinations, the FOEB reviews the PMMEL and develops an MMEL from it. Once the FOEB approves the MMEL, a copy is available to each FSDO and operator via an automated system that allows the FSDO or operator to download the MMEL. The FSDO provides MMELs to applicants to use, along with the procedures document, preamble, and LOA, as an MEL.

A.    MMEL Revisions. As technology changes and new equipment becomes available, the FOEB will reconvene to develop new MMELs or to revise and update existing ones.

B.    Notification of Changes. When an FOEB makes a change to an MMEL, all operators using that MMEL as their MEL will receive a postcard advising them of the revised MMEL. The FSDO provides operators’ copies of the revised MMEL. The operator then makes the necessary changes to the procedures document through the normal revision process.

4-664    SINGLE‑ENGINE AND MULTIENGINE MELs. The FAA has developed MMELs for most of the FAA‑type certificated (TC’d) aircraft in general service today. All multiengine airplanes have an MMEL that is specific to the type design (e.g., Beech Baron, BE‑58). The FAA has developed a generic single‑engine MMEL to provide to operators of single‑engine aircraft.

4-665    AIRCRAFT FOR WHICH NO MMEL HAS BEEN DEVELOPED.

A.    General. If an FOEB has not developed an MMEL for a certain type of rotorcraft, nonturbine‑powered airplane, glider, or lighter‑than‑air aircraft, that aircraft may be operated with inoperative equipment under the provisions of § 91.213(d).

B.    Older or Rare Designs. In those cases where an operator has an older or rare design aircraft that has no MMEL, the operator may submit a PMMEL to the appropriate FOEB for evaluation. Once the AEG approves the MMEL, the operator could use it, along with the other required documents, as the MEL.

4-666    MEL RESTRICTIONS. Operators of small rotorcraft, nonturbine‑powered small single‑engine and multiengine airplanes, and other aircraft for which an MMEL has been developed may elect to operate with an MEL or under the provisions of § 91.213(d). However, the latter option does not apply if the aircraft has an MEL approved under part 91 subpart K (part 91K), 121, 125, 129, or 135. For example, an owner has leased an aircraft to an air carrier operator, and the air carrier operator has applied for and received an approved MEL for part 135 operations. Compliance with that MEL is mandatory, even during part 91 operations. If the operator wants to operate under § 91.213(d), the operator would have to surrender the MEL authorization.

4-667    REMOVAL OR DEACTIVATION. When an operator elects to operate without an MEL, any inoperative instrument or equipment must be either removed (under § 91.213(d)(3)(i)) or deactivated (under § 91.213(d)(3)(ii)), then placarded.

A.    Removal. Removal of any item of equipment that affects airworthiness of an aircraft requires following an approved procedure. A properly certificated maintenance person must record the removal in accordance with part 43, § 43.9. A person authorized by § 43.7 must make the appropriate adjustments to the aircraft’s Weight and Balance (W&B) information and the equipment list, fill out and submit FAA Form 337, and approve the aircraft for return to service.

B.    Deactivation. The operator must evaluate any proposed deactivation to assure there is no adverse effect that could render another system less than fully capable of its intended function.

1)    A certificated pilot can accomplish deactivation involving routine pilot tasks, such as turning off a system. However, for a pilot to deactivate an item or system, that task must come under the definition of preventive maintenance in part 43 appendix A.
2)    If the deactivation procedures do not fall under preventive maintenance, a properly certificated maintenance person must accomplish the deactivation. The maintenance person must record the deactivation according to § 43.9.

C.    Placarding. Placarding can be as simple as writing the word “inoperative” on a piece of masking tape and attaching it to the inoperative equipment or to its cockpit control. Placarding is essential since it reminds the pilot that the equipment is inoperative. It also ensures that future flightcrews and maintenance personnel are aware of the discrepancy.

4-668    INOPERATIVE EQUIPMENT AND REQUIRED INSPECTIONS. An operator may defer maintenance on inoperative equipment that has been deactivated or removed and placarded as inoperative.

A.    Inspection Due. When an aircraft is due for inspection in accordance with the regulations, the operator should have all of the inoperative items repaired or replaced.

B.    Indefinite Deferral. If an owner does not want specific inoperative equipment repaired, then the maintenance person must check each item to see if it conforms to the requirements of § 91.213(d). The operator and maintenance personnel should also assess how permanent removal of the item could affect safe operation of the aircraft.

1)    The repair interval categories (A, B, C, D) in the MMEL do not apply to part 91 MELs.
2)    The maintenance person must furnish the owner/operator with a signed and dated list of all discrepancies not repaired.
3)    The maintenance person must ensure that each item of inoperative equipment that is to remain inoperative is placarded appropriately.

4-669    CONDUCTING OPERATIONS WITHOUT AN MEL.

A.    Applying § 91.213(d). Operating under § 91.213(d) requires no application to or approval from the FAA. An operator, after operating under § 91.213(d), may elect at any time to apply for authorization to operate under an MEL.

B.    Decision Sequence. Figure 4‑42, Flowchart – Operating Without a Minimum Equipment List, is a flowchart depicting the typical sequence of events a pilot or operator, operating under § 91.213(d), should follow when the pilot or operator discovers inoperative equipment. For example, during a preflight inspection for a day VFR cross‑country flight, the pilot discovers that the no. 2 Automatic Direction Finding (ADF) head is inoperative.

1)    The pilot checks the aircraft’s equipment list or KOL to see if the no. 2 ADF is a required item (§ 91.213(d)(2)(ii)). If the no. 2 ADF is required in the equipment list or KOL, the aircraft is not Airworthy. The operator must have the no. 2 ADF replaced or repaired before operating the aircraft. In this example, the no. 2 ADF is not a required item on the equipment list.
2)    Next, the pilot checks the airworthiness regulation under which the aircraft was certificated to determine if the no. 2 ADF is part of the VFR‑day TC (§ 91.213(d)(2)(i)). If the no. 2 ADF is required as part of the VFR‑day type certification, the aircraft is not Airworthy. The operator must have the no. 2 ADF replaced or repaired before operating the aircraft. In this example, the no. 2 ADF is not required by type certification.
3)    Next, the pilot checks to see if an AD requires the no. 2 ADF. The pilot can accomplish this by checking the aircraft’s maintenance logs to see if the no. 2 ADF was installed as a result of an AD. However, it may be necessary for the pilot to consult a qualified maintenance person to determine AD compliance. If an AD requires the no. 2 ADF to be operative, the aircraft is not Airworthy. The operator must have the no. 2 ADF replaced or repaired before operating the aircraft. In this example, there is no AD requiring the no. 2 ADF to be operative.
4)    Next, the pilot checks to see if the no. 2 ADF is required by part 91, §§ 91.205, 91.207, or 91.215. The pilot can accomplish this by checking those sections of the regulations or by consulting with a maintenance technician or FSDO personnel. If any of those sections of the regulations require a no. 2 ADF, then the aircraft would not be Airworthy with the no. 2 ADF inoperative. The operator must have the no. 2 ADF replaced or repaired before operating the aircraft. In this example, those sections of the regulations do not require the no. 2 ADF to be operative.
5)    At this point, the inoperative no. 2 ADF must either be removed from the aircraft
(§ 91.213(d)(3)(i)) or deactivated (§ 91.213(d)(3)(ii)). The person removing or deactivating the no. 2 ADF must placard it as inoperative in the appropriate location. (A pilot should consult maintenance personnel before deactivating or have maintenance personnel remove any item of equipment.)
6)    Finally, the pilot should decide whether the inoperative no. 2 ADF creates a hazard for the anticipated conditions of the flight, e.g., day VFR.

4-670    OPERATING AIRCRAFT WITH AN MEL.

A.    Applying for MEL Approval. The FAA has only one procedure for the issuance of part 91 MELs, which is described below. This is the only process the FSDO will follow for part 91 MEL authorizations. The operator who wishes to conduct operations with an MEL must contact the FSDO that has jurisdiction over the geographic area where the aircraft is based and make an appointment.

1)    For part 91 operators seeking MEL authorization, the FSDO will assign a Flight Standards Service (AFS) inspector to advise the applicant about regulatory requirements pertinent to using an MEL. During the initial appointment, the applicant will likely be dealing with a team of inspectors from the operations, airworthiness, and avionics units.
a)    The operator must develop the O&M procedures using guidance contained in the manufacturer’s aircraft flight and/or maintenance manuals, the manufacturer’s recommendations, engineering specifications, and other appropriate sources. An operator may consult FSDO inspectors for advice or clarification, but the operator is responsible for preparing the document.
b)    The inspector must discuss with the operator the following considerations for preparing the procedures document:

1.    The operator’s procedures document may be more restrictive than the MMEL either by the applicant’s choice or because of ADs or operating rules. The operator’s procedures document may not be less restrictive than the MMEL.

2.    The title page of the procedures document must contain the following statement: “This MEL is applicable to part 91 operations only and may not be used for operations conducted under parts 121, 125, 129, or 135.”

3.    The operator must use the A4A numbering system for equipment and instruments, as is used in all MMELs. The operator must use the A4A numbering system in sequence when describing O&M procedures, including the numbers for equipment installed in the aircraft. When equipment is not installed in a specific aircraft, the applicant need not develop O&M procedures for those items of equipment.

4.    Operators must ensure that the procedures document lists the items of equipment that are actually installed on the specific aircraft (except those items over and above the type design or previously approved by the AEG). This provides guidance to a pilot as to which items of equipment may be inoperative for a particular operation.

5.    Equipment specifically required by the airworthiness rule under which the aircraft is TC’d, equipment required by ADs, and equipment required for specific operations under § 91.213(b)(1) through (3) must be operative. It is important to note that all items related to the airworthiness of the aircraft that are not included on the MMEL must be operative.

6.    The repair interval categories (A, B, C, and D) listed in column 1 of the MMEL applies only to operations conducted under parts 121, 125, 129, and 135.

7.    Where the MMEL states “as required by 14 CFR,” the procedures document should list the particular regulation by part and section or describe the actual 14 CFR requirement applicable to the operator’s particular operation. For example, where the regulation requires a clock for IFR flight, the operator’s procedures document should say “May be inoperative for VFR.”

8.    The procedures document must specify suitable limitations in the form of placards, maintenance procedures, crew operating procedures, and other restrictions to ensure an acceptable level of safety.

9.    The procedures document must specify those conditions under which an item may be inoperative. The remarks must also identify required maintenance or operational tasks. The symbol O or M, placed in column 4 of the MMEL, indicates that an operations or maintenance procedure is applicable to that item. Indicating the O&M procedures in the procedures document provides flightcrews and ground support personnel with a single procedural reference document.

10.    If the O&M procedures are already stated in the AFM, the maintenance manual, or other available FAA‑approved source, the operator needs only to show the reference; e.g., O: AFM, pp. 3‑8 through 3‑10, paragraph 3‑47. If the operator uses this reference format in the procedures document, the referenced source must be readily available to the ground support personnel and a copy of the references source must be carried in the aircraft and be readily available to the flightcrew.

11.    If O&M procedures are not in the AFM, maintenance manual, or other available FAA‑approved source, or if the operator wishes to use a different procedure, then the operator must list the procedure in the procedures document.

12.    The procedures document may not conflict with AFM limitations, emergency procedures, ADs, or the AMM.

2)    An operator may begin operations before completion of the procedures document. If the operator has not yet developed a procedure for an item, that item must be operative. When an instrument or item of equipment becomes inoperative, the operator must follow the procedure indicated in the procedures document or the operator could be in noncompliance with the regulations.

B.    MEL Authorization. The MEL applies only to a particular aircraft make, model, serial number, and registration number and only to the operator who received the authorization.

1)    When more than one person has operational control of a specific aircraft, all operators must meet with inspectors from the issuing FSDO to discuss MEL operational considerations. The FSDO may find it appropriate to list all operators on the LOA, with the exception being a fractional ownership situation as noted in subparagraph 4‑658B13). Each operator must sign the Statement of Operator on the LOA.
2)    The FSDO may issue operators who use several aircraft of the same type a single LOA that lists each aircraft by serial and registration numbers. The FSDO will issue separate LOAs for different types of aircraft.
a)    When operators add or delete aircraft of the same type from their fleet, they must notify the FSDO having oversight within 10 calendar‑days following the change. The FSDO will reissue the LOA containing the new information. Again, both the operator and the inspector must sign the new LOA.
b)    The operator must surrender the previous LOA upon reissuance of a new one. The FSDO should place the old LOA in the operator’s file.
3)    At any time after operating with a part 91 MEL, an operator may elect to operate under
§ 91.213(d). The operator must surrender the LOA to the issuing FSDO and must conform to all provisions of § 91.213(d) during operations.

C.    Revisions. The operator may have to revise the procedures document under several conditions: The AEG may authorize an FOEB to revise the MMEL, the operator may add equipment, or the FOEB may develop a type‑specific MMEL for a single‑engine aircraft.

1)    When the FOEB revises an MMEL, the FAA automated national MMEL database notifies operators who have MEL authorizations by mail. The operator is then responsible for obtaining a copy of the revised MMEL. Within 30 calendar‑days of notification, the operator must replace the superseded revision of the MMEL with the current revision and add or delete procedures to its procedures document, as applicable. The operator should advise the issuing FSDO that they have revised their MEL with the current MMEL revision.
2)    Within 10 calendar‑days of installing new equipment not on the MMEL, the operator may request that the MMEL be amended if the operator seeks relief for that item.
a)    If the items of newly installed equipment are not safety‑related and exceed what is listed on the MMEL, and if the FSDO determines that the equipment has not previously been denied for inclusion in an MMEL, the operator may petition the FOEB for inclusion of the newly installed equipment in the MMEL. All petitions, with appropriate supporting information, will be forwarded by the FSDO to the appropriate FOEB. The operator may then temporarily add the equipment to the MMEL and develop appropriate O&M procedures for the equipment. The operator may then operate with the equipment inoperative pending a decision by the FOEB on the operator’s request for an MMEL revision to include the equipment.
b)    If the FOEB has previously denied the inclusion of the equipment, if the equipment is safety‑related, or if the equipment was previously installed or is factory original, the operator may still petition the FOEB through the FSDO to include the equipment on the MMEL. However, the operator may not gain relief for the equipment by temporarily adding it to the MMEL and adding procedures to the procedures document pending the FOEB’s decision. The equipment must be operative before operating the aircraft.
3)    Although the FAA has developed a generic MMEL for operators of single‑engine aircraft, an FOEB may decide that a complex, turbine‑powered single‑engine aircraft requires a type‑specific MMEL. For example, an FOEB has developed a type‑specific MMEL for the Cessna 208 Caravan.
a)    When an FOEB develops a specific MMEL for a single‑engine aircraft, the FAA will notify all holders of MELs for that aircraft under a generic MMEL that the specific MMEL is available.
b)    Within 30 calendar‑days of notification, the operator must obtain the MMEL