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VOLUME 2 Air Operator AND AIR AGENCY Certification and Application PROCESS

CHAPTER 5 THE APPLICATION PROCESS—Title 14 CFR PART 91, subpart k

SectionPhase 5—Documentation

2-636     ISSUANCE OF MANAGEMENT SPECIFICATIONS (MSPECS).

A.    Determination of Issuance. The MSpecs are issued to the applicant after all significant unsatisfactory items have been corrected. This action completes the application process. Under no circumstance will the applicant be issued MSpecs until the project manager has determined that the applicant is fully capable of fulfilling his or her responsibilities, as charged by Title 49 of the United States Code (49 U.S.C.)—formerly the Federal Aviation Act of 1958 (FA Act)—and that the applicant will comply with Title 14 of the Code of Federal Regulations (14 CFR) in an appropriate manner. The MSpecs will be prepared in accordance with the guidance provided in Volume 3, Chapter 18, Section 2, Automated Operations Safety System.

B.    Industry Operations Safety System (IOPSS). MSpecs will be issued using the IOPSS unless otherwise authorized by the Technical Programs Branch, AFS-260.

2-637     APPLICATION REPORT.

A.    Responsibilities. When the new applicant is issued MSpecs, the application team is responsible for assembling an application report. This report must be signed by the project manager and will include the name and title of each team member who assisted in the application project. The report will be maintained in the permanent file relating to the new operator during the business life of the operator.

B.    Report Contents. The report will consist of four sections, as follows:

1)     The formal application letter.
2)     The compliance statement.
3)     A copy of the MSpecs issued.
4)     A summary of major difficulties experienced during the certification process, and/or any recommendations that may enhance the process, must be noted by phase and specialty. This summary will be entered into the Program Tracking and Reporting Subsystem (PTRS) in chronological order and will be maintained in the archival records. For standardization, the format for summaries of major difficulties and/or recommendations will be as follows:
a)     Phase 1—Preapplication (Operations, Maintenance, Avionics). Include summaries of difficulties or recommendations by specialty.
b)     Phase 2—Formal Application (Operations, Maintenance, Avionics). Include summaries of difficulties or recommendations by specialty.
c)     Phase 3—Document Compliance (Operations, Maintenance, Avionics). Include summaries of difficulties or recommendations by specialty.
d)     Phase 4—Demonstration and Inspection (Operations, Maintenance, Avionics). Include summaries of difficulties or recommendations by specialty.

2-638     APPLICATION REPORT RETENTION. The district office will retain the original of the application report in the operator file as long as the certificate holder remains active.

2-639     MSPECS AMENDMENTS. The owner/program manager is responsible for continued compliance with the regulations and authorizations, limitations, and provisions of its MSpecs. When the owner/program manager operation changes, the MSpecs will be amended accordingly. The process for amending MSpecs is similar to the application process, but may be a less complex procedure, depending on the requirements of the amendment.

NOTE: Once MSpecs have been issued to the operator and operations have commenced, amended MSpecs must be approved by the principal operations inspector (POI) before the implementation of the specific request.

2-640     FEDERAL AVIATION ADMINISTRATION (FAA) OVERSIGHT. In accordance with 14 CFR part 91, § 91.1019, the FAA is responsible for conducting periodic inspections of the owner/fractional program manager’s operation to ensure continued compliance with the regulations and safe operating practices. These inspections will be equivalent to current 14 CFR part 135 air carriers, with the exception of cabin and cockpit en route inspections, and line checks.

RESERVED. Paragraphs 2-641 through 2-655.