2/21/08                                                                                                                              8900.1 CHG 13

Volume 3   GENERAL TECHNICAL ADMINISTRATION

CHAPTER 18 OPERATIONS SPECIFICATIONS

Section 3   Part A Operations Specifications—General

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

A.               The standard paragraphs for parts 121 and 135 are called operations specifications (OpSpecs).

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

C.               References are provided to other sections of this handbook, to advisory circulars (AC), or other applicable documents that discuss detailed requirements for certain standard paragraphs.

D.           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, it is advisable to review the applicable paragraphs available in the OPSS for the specific regulation.

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

3-737                   PART A OPERATIONS AND MANAGEMENT SPECIFICATIONS PARAGRAPHS.

OPSPEC/MSPEC A001, ISSUANCE AND APPLICABILITY.

A.               A001 identifies the OpSpecs/MSpecs 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.

B.               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

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

1)                  The operator shows that the DBA is listed on a DOT registration (proof of insurance);

2)                  The operator shows that the DBA is listed on a DOT certificate of public convenience and necessity;

3)                  The operator shows that the DBA is authorized by a DOT order or other DOT document;

4)                  When the operator claims the DBA is on file with the DOT, verification must be made by contacting the DOT Office of Aviation Analysis, Air Carrier Fitness Division, (202) 366-9721; or

5)                  When an “operating certificate” is involved, the operator shows that the DBA is authorized and registered by an appropriate state authority.

6)                  DBAs can apply to K, but they do not have economic authority requirements.

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 shall not be changed by regional or district offices. Washington headquarters will add definitions when it becomes apparent that they are needed. Addition of a definition by a certificate-holding district office (CHDO) makes the whole paragraph nonstandard and must be processed as a nonstandard OpSpec/MSpec request.

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

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

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

1)                  Enter the passenger seating capacity used by the operator during the emergency evacuation demonstration required by part 121, § 121.291(a) or (b) for each make/model/series listed in the column labeled “Demonstrated.” If the demonstrated passenger seating capacity applies to more than one series of a particular make and model, the seating capacity must be listed for each series to which it applies. It is unnecessary to list seating configurations used by the operator that are less than the demonstrated seating capacity. List the demonstrated seating capacity in the column labeled “Approved.” However, if the operator requests a higher seating capacity than that which was demonstrated by the operator, the principal operations inspector (POI) may approve the higher capacity under the following conditions:

a)                  The higher seating capacity does not require another emergency evacuation demonstration to be conducted in accordance with § 121.291(a) or (b). (See paragraph 3-2463.)

b)                  The higher seating capacity does not exceed the maximum approved passenger seating capacities listed in table 3-121, paragraph 3-2966.

c)                  The POI lists the higher seating capacity in the column labeled “Approved.”

2)                  If the airplane is configured for cargo only, enter the phrase “Cargo Only” in the column labeled “Approved.” In some situations, such as combination passenger/cargo configurations, the approved seating capacity and the required number of flight attendants may need elaboration. This elaboration should be accomplished by adding additional text as an extra subparagraph to the paragraph.

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

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

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

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

OPSPEC/MSPEC A004, SUMMARY OF SPECIAL AUTHORIZATIONS AND LIMITATIONS. This paragraph summarizes optional authorizations applicable to a particular operator.

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 OpSpecs, the reference number of the other paragraph must also be entered in this space. For example, if a single HF radio is permitted by exemption in certain areas of en route operation, insert a reference to OpSpec B050 (i.e., 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 N/A. 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).

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

OPSPEC A006, MANAGEMENT PERSONNEL.

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

1)                  For deviations which permit less than the required management positions, leave the positions which are not filled blank. Enter N/A for Single Pilot Operators and Single Pilot-in-Command Operators.

2)                  For deviations which 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 which 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 OpSpecs 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 the OpSpecs to be correct. Additional text may be added to A006 without making it nonstandard, provided the extra paragraph is used to identify additional management positions (such as more than one chief pilot), or to specify conditions of a deviation. If the extra paragraph provides for anything other than the preceding, it must be processed in accordance with volume 3, chapter 2, Exemptions, Deviations, Waivers, and Authorizations, paragraph 3-37B.

C.               Required Management and Technical Personnel Positions.

1)                  Section 119.65 requires management and technical personnel positions for certificate holders operating under part 121 (i.e., Director of Safety, Director of Operations, Chief Pilot, Director of Maintenance, Chief Inspector).

2)                  Section 119.69 requires management and technical personnel positions for certificate holders operating under part 135 (i.e., Director of Operations, Chief Pilot, Director of Maintenance).

3)                  Sections 119.67 and 119.71 specify the airman and experience qualifications for personnel serving in these positions for parts 121 and 135, respectively.

4)                  Sections 119.67(e) and 119.71(f) specify airman, managerial, and supervisory experience deviation authority.

5)                  The regulations are intended to ensure that persons holding these required management and technical positions have the measure of experience as well as the demonstrated capability needed to effectively manage these types of programs. In addition, persons exercising control over the maintenance and operations programs must have that level of qualification and experience that will allow these persons to carry out their duties and responsibilities with the degree of expertise consistent with the certificate holder’s responsibility to operate with the highest possible degree of safety.

6)                  The deviation request element of the regulations is intended to provide the certificate holder a measure of flexibility in order to allow employment of persons who may not possess the exact type or level of experience outlined in the regulations but have other experience that is found to be comparable. Further, the deviation request procedure is not intended to accommodate individuals who do not possess the length of experience required by the regulations.

D.           Management Deviation Request. When a certificate holder requests a management experience deviation, or management positions or numbers of positions other than the requirements of §§ 119.65 through 119.71, they must request it through their CHDO. The request must adhere to the following processes and procedures, and contain a minimum of the following information for evaluation:

1)                  Management deviation request contents.

a )                  Full certificate name including DBAs of the requesting entity (i.e., ABC Airlines, Inc. DBA XYZ Air);

b)                  Complete address and certificate number of certificate holder;

c)                  Full name and airman certificate number of the management applicant;

d)                  Number of aircraft by category, class and type;

e)                  Number of employees/pilots/other crewmembers;

f)                          Areas and kinds of operations (e.g., CONUS, domestic) authorized;

g)                  Statement of operations authorized (e.g., single pilot in command (PIC), Basic Part 135 On-Demand Only, part 121);

h)                  Any other management deviations held by the certificate holder;

i )                          Statement of why the certificate holder requires a management deviation, management position(s) involved, and what comparable experience the individual has that would justify the management deviation; and

j)                          A resume for the individual which specifically outlines their work experiences and duration of each work experience to include, if appropriate, PIC, certified mechanic, and/or management experience for the kind of operations conducted.

NOTE:                   The information contained in the resume must be verified by the POI or 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 .

b)                  Director of Safety Position. Each certificate holder that conducts operations under part 121 must have a director of safety. This person is responsible for keeping the certificate holder’s highest management officials fully informed about the safety status of the company. An independent, full time position is required. However, in a small part 121 operation, the director of safety functions may be an additional function of a current manager. Any request for a management deviation involving a director of safety position must be approved by the Air Transportation Division (AFS-200).

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

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

1.                  Director of Operations/Chief Pilot Positions. Experience in any position where the normal duties and responsibilities included management/supervisory oversight and/or control of the development upkeep, and the performance of one or more elements of an operator’s operational control system, may be considered as comparable experience. Management positions wherein the applicant exercised management decision making processes may be considered as comparable experience (i.e., Assistant Director of Operations, Assistant Chief Pilot, General Manager). Experience involving operational control may also be acceptable (i.e., Supervisory Aircraft Dispatcher, Supervisory Flight Follower).

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

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

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

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

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

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

Table 3–6, Example for a Chief Pilot Deviation

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

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

·                           The maintenance program manual;

·                           Responsibility for airworthiness;

·                           Maintenance and inspection organization;

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

·                           Alterations performed by maintenance providers or contractors;

·                           Continuing analysis and surveillance system;

·                           Maintenance recordkeeping; and

·                           Maintenance personnel training.

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

·                           The inspection program policy and procedures;

·                           Responsibility for airworthiness;

·                           Inspection organization;

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

·                           Alterations performed by maintenance providers or contractors;

·                           Maintenance recordkeeping; and

·                           Inspection personnel training.

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

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

3)                  Authority to Approve or Deny Management Requests.

a)                  CHDO.

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

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

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

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

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

·                           Reasons for recommending approval or denial of the request.

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

b)                  RFSD. The RFSD manager is authorized to approve or deny management experience deviations for all other part 135 certificate holders, except part 135 operators conducting commuter operations. This authority includes any combined positions or numbers of management positions other than the management positions specified in § 119.69(a). The RFSD will review the package from the CHDO. If the RFSD has the authority as stated above, it will approve or deny the request. The RFSD will reply in writing to the CHDO with a statement of approval or denial for the request. If the RFSD does not have the authority, the RFSD will attach their memo of recommendation for approval/ denial and forward the request to AFS-200 or Aircraft Maintenance Division (AFS-300), as appropriate.

c)                  Air Transportation Division (AFS-200) and/or Aircraft Maintenance Division. (AFS-300), as appropriate, will review the package forwarded from the RFSD. AFS-200 and/or AFS-300 will reply in writing to the CHDO through the RFSD with a statement of approval or denial of the request. AFS-200 and/or AFS-300 will not take action on requests received directly from certificate holders or CHDOs without CHDO manager and RFSD manager recommendations.

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

OPSPEC/MSPEC A007, OTHER DESIGNATED PERSONS.

A.               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) are served. Once any of these documents is served upon the operator's agent for service, the certificate holder cannot claim (legally) that it did not receive the documents. Section 1005 of the FA Act requires air carriers to designate an agent for service. Obtain the name, title, and address of the agent for service from the operator and enter the information into the OPSS Certificate Holder’s Personnel tab.

B.               Persons Designated To Apply for and Receive OpSpecs/MSpecs. Enter names and titles of persons designated by the operator as authorized to apply for and receive OpSpecs/MSpecs in OpSpec A007. Enter the OpSpecs parts for which the designated person is responsible. Principal inspectors may determine that it is appropriate to record signatures of these designated persons in this subparagraph.

C.               Part 91K. For part 91 K fractional ownership operations, identify the following persons in MSpec A007:

1)                  Agent for service for the program manager,

2)                  Personnel designated to apply for and receive MSpecs for the program manager, and

3)                  Point(s) of contact and required positions for those authorized a continuous airworthiness maintenance program.

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

A.               Each part 121 and part 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. Chapter 25 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 chapter 25, section 2.

2)                  Part 121 supplemental operations must have flight following systems when the operator does not have an established dispatch system. See chapter 25, section 3.

3)                  Part 135 operators use flight locating procedures. See chapter 25, section 5.

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

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

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

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

·                           Communication systems and procedures used by the operator;

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

·                           Emergency notification procedures.

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

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

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

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

OPSPEC/MSPEC A010, AERONAUTICAL WEATHER DATA.

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

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

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

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

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

·                           Section 121.119 requires operators who conduct supplemental operations to use an FAA-approved system for obtaining forecasts and weather reports.

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

·                           Section 135.213 requires operators who conduct IFR operations under that part to use the U.S. National Weather Service or a source approved by the Administrator.

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

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

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

1)                  Reference sections of the operator’s manual or other documents which describe the operator’s Adverse Weather Phenomena Reporting and Forecasting System to approve the system. If such manual sections or other documents do not clearly describe the Adverse Weather Phenomena Reporting and Forecasting System, a narrative description (combined with references where available) of the approved system must be added to OpSpec/MSpec A010. See Chapter 26, Section 3, Parts 121 /135 Weather Information Systems, paragraphs 3-2096 and 3-2097.

2)                  Reference or describe the methods used by the operator for obtaining and disseminating other types of weather data (not related to the approved Adverse Weather Phenomena Reporting and Forecasting System) in OpSpec/MSpec A010.

E.               For Internet communications of aviation weather and NOTAMS used in flight operations, all parts 121 and 135 operators are required to use an approved Qualified Internet Communications Provider (QICP).

1)                  List the QICPs used by the operator in OpSpec/MSpec A010 subparagraph a, Table 1.

2)                  The QICP used must be obtained from the approved list provided by the FAA.

3)                  For more detailed information in regard to QICPs, refer to AC 00-62, Internet Communications of Aviation Weather and NOTAMs, and Volume 3, Chapter 26.

OpSpec/MSpec A011, APPROVED CARRY-ON BAGGAGE PROGRAM.

A.               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. 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.               Parts 91, 91K, 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 (LOA) or been issued OpSpec/MSpec A011 to account for the actual or average weights used to account for Carry-On Baggage. Additionally, one or more of OpSpecs/MSpecs A096, A097, A098, and/or A099 must be issued to track the approved carry-on bag/personal item actual or average weights.

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

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

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

1)                  The destination airport outside the contiguous United States is within 2 hours average flying time of the border of the contiguous United States. The determination of the 2-hour distance is based upon the average cruise true airspeed for the fleet type. Actual daily flight plan speed, routing or weather patterns (en route winds) do not affect this authorization.

2)                  This domestic operation authorization applies only to operations conducted as follows:

a )                  From airports located in the contiguous United States (listed in the certificate holder’s OpSpec C070);

b)                  To the airports listed in Table 1, provided those airports are outside the contiguous United States and are within 2 hours average flying time of the territorial limits of the 48 contiguous United States; and

c)                  From the airports listed in Table 1 to the airports located in the contiguous United States (listed in the certificate holder’s OpSpec C070).

3)                  The flight operations have rapid and reliable communications capability in accordance with part 121, § 121.99.

4)                  The operator can show compliance with the weather reporting services requirements of part 121, § 121.101 (see AC 00-45, Aviation Weather Services, current edition, for further guidance).

5)                  No special training or procedural requirements need be accomplished before granting this authorization unless there are procedural requirements which are new to the operator or its crewmembers.

6)                  The certificate holder must obtain written economic authority from DOT and have that authority documented in its OpSpec A001.

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

C.               Flights That Exceed the 2-Hour Limitation.

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

NOTE:                   Economy of flight is not an applicable condition.

a)                  Unique weather environments;

b)                  Runway availability (is more than one runway available?);

c)                  Alternate airport(s) within the fuel range of the flight’s planned fuel supply (these must be listed in the dispatch release if this authorization is granted); and

d)                  For most aircraft, the fuel reserve requirements for domestic and flag operations become approximately equivalent for flights of about 2 to 2 1/2 hours total flight time. For flight times in excess of 2 to 2 1/2 hours, the request must address fuel requirements mitigation.

2)                  If AFS-200 concurs with the request, the approved International Civil Aviation Organization (ICAO) identifier for the airport outside the contiguous United States must be listed in Table 1 of OpSpec A012. An asterisk (*) may be placed next to the identifier in the column. Note this specific concurrence along with any appropriate conditions and limitations in the nonstandard text provision of OpSpec A012. For example, *Nonstandard authorized by AFS-200 memo dated January 25, 2001.

OPSPEC/MSPEC A013, OPERATIONS WITHOUT CERTAIN EMERGENCY EQUIPMENT.

A.               Use OpSpecs/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 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 § 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 § 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 § 135.167 to permit extended over-water operations without carrying certain emergency ditching equipment.

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

1)                  Part 91, subpart K, fractional ownership program managers must list §§ 91.509(b, (3), (4), and (5) in MSpec paragraph A005 with the reference to A013.

2)                  Part 121 certificate holders must list § 121.339(a, (3), and (4) in OpSpecs A005 with the reference to OpSpec A013.

3)                  Part 135 certificate holders must list § 135.167(a in OpSpec A005 with the reference to A013.

D.           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 the requirements for carrying life rafts and the life raft’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, 121.339(a)(3), and 135.167(b), as applicable); and

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

F.                   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 1 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 1 engine inoperative or 100 NM from the nearest shoreline, whichever is less.

G.           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 life rafts.

5)                  A description of search and rescue facilities and capabilities for the proposed areas of en route operations.

H.           The POI, in coordination with the PMI and 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 AFS-200 through the Regional Flight Standards Division.

I.                       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.               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.

B.               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 PIC are responsible for avoiding obstacles and other air traffic.

C.               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, sections 1 and 4 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.

D.           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.

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

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

A.               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 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.               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.               Title 14 CFR part 108 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. POIs will not issue A017 without concurrence of the Civil Aviation Security Field Office.

B.               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.               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.               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.               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 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.               In coordination with an airworthiness inspector, determine that the specific aircraft is approved to use automotive gasoline as fuel.

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

C.               In coordination with an airworthiness inspector, determine that the certificate holder has written procedures which provide compliance with the requirements of OpSpecs paragraphs A019b( 3) and (4).

D.           The certificate holder must enter, in each appropriate aircraft and powerplant historical record, the following entry:

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

1)                  Remove all automotive fuel and fuel residue from the aircraft and powerplant fuel systems.

2)                  Inspect all components of the aircraft fuel system and appropriate components of the powerplants to determine that those components are airworthy and conform to the appropriate type design.

3)                  Record events (1) and (2) in the aircraft and/or powerplant records.”

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

A.               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 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 (VOR or NDB 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.               Applicants requesting approval for these operations must hold an Air Carrier Certificate or an Operating Certificate and OpSpecs authorizing part 135 on-demand VFR day-only operations using single-engine land or seaplanes. Isolated area operations using a PIC without an instrument rating shall 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.               Inspectors must review the application to confirm compliance with § 135.243(d (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 which incorporates instructions concerning operations in isolated areas. This manual must include a procedure which guarantees non instrument-rated PICs will not be used outside of the approved isolated areas. The POI 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 RFSD concurs with the approval of the isolated area operation.

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

A.               OpSpec A021 authorizes a certificate holder operating under part 135 to conduct air ambulance 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 which may create potential hazards during approach, hovering, taxiing, and departure operations.

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

C.               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 minima for high and low lighting conditions. In addition, OpSpec A021 specifies different ceiling and visibility minima for these considerations and areas when operating in mountainous and non-mountainous areas. Each specific combination of conditions and areas are listed in OpSpec A021.

1)                  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.

2)                  IFR operators authorized to fly point in space special instrument approach procedures (IAP) with a “Proceed VFR” transition to the heliport must apply their VFR weather minima in determining their landing minima.

a)                  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.

b)                  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.

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

d)                  Therefore, when applying the VFR weather minima of OpSpec A021 in determining the minima for all Special PinS approaches, with a “Proceed VFR” transition to the heliport, apply the local, non-mountainous, day, or night high lighting conditions (as appropriate) minima 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 minima prescribed in Table 1 of OpSpec A021 appropriate to the actual existing conditions (local, mountainous, day or non-mountainous, cross country, night, etc.).

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

3)                  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.

D.           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, Air Ambulance Operations, section 3, Air Ambulance Service Operational Procedures, paragraph 4-967, Local Flying Area for Hems Operations.

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

OPSPEC A022, APPROVED EXIT ROW SEAT PROGRAM. Reserved.

OPSPEC A023, USE A PROGRAM DURING GROUND ICING CONDITIONS.

A.               Part 121. Part 121, § 121.629(c) requires part 121 certificate holders to have an approved ground deicing/anti-icing program, unless the certificate holder complies with § 121.629(d) which requires an outside the aircraft pre-takeoff contamination check. PIs will issue OpSpec A023 to authorize the use of an approved ground deicing/anti-icing program or the use of an outside the aircraft pre-takeoff 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 pre-takeoff contamination check procedures. PIs will issue OpSpec A041 to authorize a pre-takeoff contamination check (not necessarily outside the aircraft). A part 125 or 135 certificate holder may choose to comply with § 121.629(c) by having an approved ground deicing/anti-icing program, in which case the PI will issue OpSpec A023. If a part 125 or 135 operator chooses to operate without a pre-takeoff contamination check or without a § 121.629(c) program, then PIs may only authorize them to operate when ground icing conditions do not exist by issuing OpSpec A042. See Volume 3, Chapter 27 for guidance on approving a ground deicing/anti-icing program.

OPSPEC A024, AIR AMBULANCE OPERATIONS—AIRPLANE.

A.               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.               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.           A024 specifies that the flightcrew must satisfactorily complete the certificate holder’s approved training program prior to commencement of air ambulance flights.

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

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

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

B.               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.

C.               Volume 3, Chapter 31, Operator Recordkeeping for 14 CFR Part 121 and 135 Certificate Holders, sections 1-4, give details of the requirements for approving an air carrier’s recordkeeping system.

D.           A025 is also used to approve an electronic flight bag. See AC 120-76, Guidelines for the Certification, Airworthiness, and Operational Approval of Electronic Flight Bag (EFB) Computing Devices (current edition), for more information.

E.               Volume 6, Surveillance, Chapter 2, Part 121, 135, and 91 Subpart K Inspections, Section 24, Station Facilities Inspections for Part 121 and 135 Air Carriers (PTRS Code 1635), provides guidance for inspections that include the review of required records.

F.                   See A025 Job Aid in the OPSS for other current information.

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

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

A.               OpSpec A027 authorizes Land and Hold Short Operations (LAHSO) for parts 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 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.               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 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 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 shall 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 .

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

·                           Regulatory requirements, as applicable: 14 CFR parts 125 and 135, subpart I; and §§ 91.1037, 23.75; 25.125; and 121.195.

b)                  Each POI shall ensure the following actions have been accomplished prior to issuing or re-issuing, as appropriate, OpSpec A027:

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

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

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

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

NOTE:                   The FAA strongly recommends that all carriers provide aircrews with in-flight single source documentation on LAHSO procedures. See Volume 4, Chapter 3, Airplane Performance and Airport Data, 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, International Aviation, Chapter 2, Foreign Air Carriers Operating to the United States (U.S.) and Foreign Operators of U.S.-Registered Aircraft Engaged in Common Carriage Outside the U.S., 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. Chapter 13, Lease and Interchange Agreements, Section 4, Wet Lease Agreements, provides direction and guidance for processing and authorizing wet lease arrangements.

C.               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 a 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.

a)                  Operational control under a FAA-defined wet lease will be one of two types.

1.                  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.

a.                      The certificate holder issued this authorization shall 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) shall be listed in Table 1 of the OpSpec.

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

c.                      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.

d.                  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.

2.                  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 shall 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:

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

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

c.                      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.

d.                  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.

D.           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 49 U.S.C. section 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 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 AOC, 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 shall be issued to both parties of the interchange agreement by each responsible POI. All interchange arrangements authorized for an operator must be listed in A029. Enter the name of the operator who would normally operate the aircraft if an interchange agreement were not in effect in the column labeled “Primary Operator.” List the name of the other party to the interchange agreement in the column labeled “Interchange Operator.” List the aircraft make/model/series of the aircraft used and all specified interchange points for each agreement in the appropriate columns. If it is necessary to specify other conditions or limitations such as expiration dates, they should be specified by adding text to A029.

OPSPEC A030, PART 121 SUPPLEMENTAL OPERATIONS.

A.               A030 is optional for issuance to operators who conduct domestic operations or domestic and flag operations. If a part 121 Domestic or a Domestic/Flag carrier wishes to be authorized to conduct Supplemental Operations using Domestic/Flag rules, it can be authorized to do so only between the city pairs listed in C070. This authorization is given by issuance of A030.

B.               If a part 121 air carrier conducts ONLY supplemental operations, A030 will not be issued. The supplemental operations are authorized by listing “Supplemental” only in A001. OpSpec A030 would not apply because OpSpec C070 would not be issued since the air carrier has no scheduled city pairs or approved stations. Thus, the carrier would be required to operate under Supplemental Regulations at all times.

C.               Since the publication of , it is necessary to include “supplemental” when issuing A001 to a domestic or flag carrier. In other words, if a carrier is a flag carrier and also does domestic flights, it will be necessary to have BOTH Flag and Domestic listed on A001. If that same carrier does Flag, Domestic, and Supplemental, all three must be listed on A001. Due to the nature of the aviation industry, if a carrier does primarily domestic operations, the DOT has determined that it has economic authority for supplemental operations.

OPSPEC A031, ARRANGEMENTS WITH TRAINING CENTER(S) OR OTHER ORGANIZATION(S) FOR CERTIFICATE HOLDER TRAINING; MSPEC A031, ARRANGEMENTS WITH TRAINING CENTERS, AIR AGENCIES, AND/OR OTHER ORGANIZATIONS FOR PERSONNEL TRAINING.

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

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

A.               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 part 135 operations using flight and rest time limitations under § 135.265, in lieu of any other §§ 135.261 through 135.273.

B.               Part 119 established 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, 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.               Following initial/phase IV approval, all AQP air carriers must be issued OpSpecs 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 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.               AQP is a voluntary program and 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.               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, Air Operator and Air Agency Certification and Application Process 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 OPERATOR— ON-DEMAND OPERATIONS ONLY. A016 was comprised of four different authorizations. Because of the new Operations Specification Subsystem (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, 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 a 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 Operations Specification Subsystem (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. 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 Specification Subsystem (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 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.

D.           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 operations specification (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 for guidance on approving a ground deicing/anti-icing program.

E.               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 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. Prior to issuing the OpSpec the operators GOM and training program must be updated to include the elements contained in this guidance. Additionally the flightcrew and if appropriate other ground personnel (example: persons charged with pre-arranging of 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 (IAW) the 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 HOT/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.

F.                   Approved Alternate Ground Deicing/Anti-icing Procedure. By providing this guidance for the development of an alternate ground deicing plan the Federal Aviation Administration (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 Advisory Circular (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 current version of Notice N 8900.22, FAA-Approved Deicing Program Updates, Winter 2007-2008, and 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 14 CFR parts 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 Holdover Times (HOT) as limiting time values rather than advisory times when utilizing the ground de/anti-icing service provider with an approved 14 CFR part 121, § 121.629 program.

a)                  Management Plan. In order to properly exercise operational control (when conditions are such that frost, ice, snow, or slush may reasonably be expected to adhere to an aircraft), the certificate holder should develop, coordinate with other affected parties, implement, and use a management plan for proper execution of its alternative de/anti-icing plan. A plan encompassing the following elements is acceptable:

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

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

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

b)                  De/anti-icing Fluid Application Procedures. In an appropriate manual, certificate holders shall 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, IAW 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 IAW this guidance for the same type of aircraft additional training under the provisions of this guidance is not required. However, specific training and/or direct flightcrew supervision, supplemented with pictorial descriptions of the de/anti-icing procedures to be used identifying the critical aircraft surfaces, sensitive areas, and areas to be checked in the post deicing and post anti-icing inspections is needed for deicing personnel to deice different types of aircraft or aircraft with different configurations.

c)                  HOT Tables and Procedures for Their Use. The operator’s alternate ground de/anti-icing procedures must include HOT tables and the procedures for the use of these tables by the certificate holder’s personnel. The following elements must be included in the operator’s alternate plan:

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

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

b.                  Procedures for ground crew and flightcrew to communicate:

·                           During aircraft positioning, (if required).

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

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

·                           The aircraft departure process from the deicing area.

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

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

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

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

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

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

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

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

·                           Wings, empennage, and control surfaces.

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

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

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

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

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

b.                  The surface must be unheated.

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

3.                  Recognition Techniques. Certificate holders must have aircraft specific guidance for the recognition of contamination on aircraft surfaces. The flightcrew and other personnel should use these type-specific techniques while conducting preflight aircraft icing checks, pretakeoff checks, and pretakeoff contamination checks. Frozen contaminants can take the form of ice, frost, snow, or slush. Initial, Transition, Recurrent, Upgrade, or Advanced Qualification Program (AQP) 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 as revised. The pretakeoff check is integral to the use of HOTs. Because of the limitations and cautions associated with the use of HOTs, the flightcrew must assess the current weather and other situational conditions that affect the aircraft’s condition and not rely on the use of HOTs as the sole determinant that the aircraft is free of contaminants. Several pretakeoff checks may be required during the HOT period based on factors that include the length of the HOT range, weather, or other conditions. The flightcrew must maintain a continued awareness of the condition of the aircraft and accomplish, as a minimum, a pretakeoff check just before taking the active runway for departure. When conducting the pretakeoff check, the flightcrew must factor in the application sequence (i.e., where on the aircraft the de/anti-icing process began).

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

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

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

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

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

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

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

NOTE: Certificate holders must have procedures that require that qualified ground personnel or flightcrew personnel conduct this check. If conducted by qualified ground personnel, certificate holders should establish communication procedures to relay pertinent deicing/anti icing information and the results of this check to the 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. Since many deicers service multiple carriers, the FAA recommends that all operators include the following flow sequence and information to provide standardization:

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

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

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

c.                      Aircraft-specific procedures.

d.                  Communications between ground personnel and the flightcrew.

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

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

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

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

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

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

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

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

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

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

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

2)                  Training Requirements Required for the Authorization of the Alternate Procedures Allowing the Use of HOT as Limiting Values. Training for Flight Followers is only required if that person plays a role in the planning, execution, or recording of aircraft ground de/anti-icing. Training for ground deicing personnel is only required if each de/anti-icing fluid application is not to be supervised by flightcrew personnel.

a)                  Initial/Recurrent Ground Training and Qualification. Only trained and qualified personnel may carry out deicing/anti-icing procedures. A flightcrew member trained on fluid application procedures for the applicable aircraft and operator may, in person, supervise the de/anti-icing of the aircraft in lieu of the fluid application personnel being trained on the specific aircraft, provided the application personnel have been appropriately trained and currently qualified under a § 121.629 approved program and the application personnel are provided pictorial diagrams indicating the critical and sensitive areas of the aircraft, and areas to be inspected as part of the post deicing and post anti-icing inspection, and instructed on the proper methods for treatment of the critical and sensitive areas.

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

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

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

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

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

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

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

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

·                                           Loss of lift (F).

·                                           Increased drag and weight (F).

·                                           Decreased control (F).

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

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

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

·                                           Aircraft specific areas: (F/G).

·                                           Engine foreign object damage potential.

·                                           Ram air intakes.

·                                           Instrument pickup points.

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

·                                           Airworthiness Directives (AD)/specific inspections.

·                                           Winglets.

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

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

·                                           Frost, including hoarfrost (F).

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

·                                           Freezing fog (F).

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

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

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

·                                           Fluid failure identification (F/G).

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

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

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

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

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

·                                           General fluid descriptions (F/G).

·                                           Composition and appearance (F/G).

·                                           Differences between Type I and Type II/IV deicing/anti-icing

·                                           fluids( F/G).

·                                           Purpose for each type (F/G).

·                                           Deicing fluids (F/G).

·                                           Anti-icing fluids (F/G).

·                                           De/anti-icing fluids capabilities (F/G).

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

·                                           Fluid-specific information provided by fluid or aircraft manufacturer (F/G).

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

·                                           Properties associated with infrared deicing/anti-icing (F/G).

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

·                                           Environmental considerations (G).

·                                           Fluid selection (F/G).

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

g.                      Methods/Procedures (F/G).

·                           Inspection of critical surfaces.

·                           Clear ice precautions.

·                           Flightcrew /ground crew 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.

·                           Communications after deicing/anti-icing.

h.                      Use of HOTs (F/G).

·                                           Definition of HOT.

·                                           When HOT begins and ends.

·                                           Limitations and cautions associated with the use of HOTs.

·                                           Source of HOT data.

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

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

·                                           Precipitation intensity.

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

·                                           Adjusting HOT for changing weather conditions.

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

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

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

3)                  Confirmation of service provider qualification. The operator must have procedures for the flightcrew to determine that ground de/anti-icing service providers are providing their service under a current approved part 121, § 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 shall be retained and made available to the FAA upon request for a period of at least twelve 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 §§ 125.221 and 135.227, 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.

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

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

OPSPEC A045, SUBSTITUTE SCHEDULED SERVICE AS A SUPPLEMENTAL OPERATOR. (TBD) (See the non-standard, A345 job aid for information.)

OPSPEC A046, SINGLE ENGINE IFR PASSENGER CARRYING OPERATIONS UNDER 14 CFR PART 135. A046 is issued to authorize single engine IFR passenger-carrying (SEIFR) 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 POI, PMI, and PAI must coordinate the issuance of A046 and the applicable Part D paragraphs (by the authority of § 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, VERIFICATION OF PERSONNEL FOR ACCESS TO FLIGHT DECK. Reserved.

OPSPEC/MSPEC A049, REPLACED BY OPSPEC/MSPEC A449.

OPSPEC A050, HELICOPTER NIGHT VISION GOGGLE OPERATIONS (HNVGO). (TBD).

OPSPEC A051. Reserved.

OPSPEC/MSPEC/LOA A052, AUTOMATIC DEPENDENT SURVEILLANCE-BROADCAST (ADS-B). ADS-B systems will provide many applications for air traffic and air operators.

A.               One of the near-term applications using ADS-B is separation of aircraft by air traffic services in a non-RADAR environment. Since this application will not require pilots to share separation responsibility (maintain separation on other air traffic using a Cockpit Display of Traffic (CDTI)), the issuance of A052 is not required. However, other OpSpec authorizations as described below may need to be issued or amended.

B.               Issue A052 authorize operations if an air carrier or commercial operator intends for the pilots to use ADS-B for any one or more of the following CDTI applications:

·                           Visual acquisition of proximate aircraft,

·                           In-trail climbing/descending/passing maneuvers,

·                           Station-keeping,

·                           Enhanced see and avoid,

·                           Reduced separation standards,

·                           Long-range conflict management, or

·                           Conflict detection and avoidance.

C.               It is important for the POI to coordinate with the PMI and PAI on the following activities in order to determine the appropriate authorizations necessary for each application using ADS-B. PIs will complete the following tasks prior to authorizing the air carrier or commercial operator to conduct any operations using cockpit avionics displays that generate information or data from an ADS-B signal.

1)                  The POI will determine which operational applications of ADS-B will be used by the pilots of the air carrier or commercial operator. This includes determining that the operator understands and complies with all limitations and conditions associated with applicable Supplemental Type Certificate (STC) requirements, Parts Manufacturer Approvals, and appropriate Aircraft Flight Manual supplements.

2)                  The POI will verify with the PMI and PAI that the ADS-B system is installed in compliance with the applicable STC or other appropriate aircraft certification requirements and that the operator’s maintenance program includes continuing airworthiness and maintenance personnel training requirements.

3)                  All of the operator’s pilots must be trained, qualified, and tested in the use, conditions, and limitations of the installed ADS-B system and components. There are no deviations allowed from this training requirement. If the operator out-sources or contracts the ADS-B training to another entity, OpSpec A031 must be issued.

4)                  The POI will review the operator’s procedures for deferral of inoperative equipment and coordinate with the PMI and PAI during the evaluation and approval of the operator’s minimum equipment list (MEL). The POI will also provide the operator with guidance for revising the existing Airplane MEL and procedures that will allow the operator to defer inoperative ADS-B equipment. ADS-B equipment may not be listed as “Administrative Control Items” in the MEL. OpSpec D095, Minimum Equipment List, may need to be issued or amended, as appropriate.

5)                  If the operator requests approval to use ADS-B for flight-following or operational control, the POI must evaluate and validate this capability prior to approval. OpSpec A008, Operational Control, may need to be issued or amended as appropriate.

6)                  The PIs must verify that the operator is able to conduct the proposed operations, and validate that appropriate training manuals, operations manuals, checklists, and operating procedures address ADS-B operations. Validation test(s) must be conducted if operational approval via the issuance of A052 is required.

7)                  If the air carrier or commercial operator requests operational approval for any of the applications listed in subparagraph B above, A052 must be issued with the appropriate authorizations indicated. Until test and evaluation results are analyzed, only operations in visual meteorological conditions (VMC) are authorized. A052 also requires the listing of the aircraft make and model, the aircraft registration number, and the make and model of the approved ADS-B equipment.

OPSPEC A053. Reserved for Emergency Charter Operations. (TBD.)

OPSPEC A054, (PART 133 DATABASE ONLY) INSTRUMENT FLIGHT RULES OPERATIONS [FOR PART 133, EXTERNAL LOAD OPERATIONS ONLY]. (Guidance is found in Volume 2, Chapter 7.)

OPSPEC A055. Reserved.

OPSPEC/MSPEC/LOA A056, CONTROLLER PILOT DATA LINK COMMUNICATIONS (CPDLC).

A.               Template A056 contains specific operational limitations and provisions for granting part 121, 125, 129, or 135 operators authorization to conduct CPDLC with data communication systems that are certified for air-ground air traffic services (ATS). All operators must be approved and authorized to use any digital or analog data communication system and associated communications display unit(s) (CDU) that are used to communicate with ATS.

1)                  Part 129 operators must have this authorization to conduct operations using CPDLC in the domestic United States national airspace system (NAS).

2)                  Parts 91K, 121, 125, and 135 operators conducting CPDLC operations in oceanic and remote airspace may use digital or analog data communication systems (i.e., FANS-1/A). CPDLC operations in domestic airspace require very high frequency (VHF) digital radios certified for ATS.

3)                  CPDLC may be used as a supplement to voice communications with ATS. Voice communications must be continually monitored since there is still a requirement for the aircraft to be equipped with operating VHF voice and, when required, HF voice radios along the entire route of flight.

4)                  All CPDLC digital operations in domestic airspace are limited to the en route phase of flight where radar or an equivalent surveillance system such as ADS-B are available for surveillance services.

5)                  All aircraft used to conduct digital CPDLC operations in domestic airspace must be equipped with an FAA-certified collision avoidance system that is on and operating. (Reference 14 CFR §§ 121.356, 125.224, and 129.18.)

6)                  An exception to the requirement for digital data link communication systems is the Future Air Navigation System (FANS)-1/A analog system in oceanic or remote airspace. The FANS-1/A analog communications system can only be approved for CPDLC operations in oceanic and remote area airspace. FANS-1/A analog systems are not interoperable with the digital VHF-data link mode 2 (VDL-2) infrastructure for domestic CPDLC.

B.               Parts 121 and 135 air carriers and part 91 K program managers must have an approved CPDLC training program as outlined in FAA AC 120-70, Initial Air Carrier Operational Approval For Use Of Digital Communication Systems, current edition. All operators must provide CPDLC training for their flightcrews for CPDLC authorization.

C.               For parts 121 and 135 air carriers and part 91 K program managers, the validation test process outlined in Volume 3, Chapter 29, Proving and Validation Tests, must be followed. Applicants who have no previous experience conducting CPDLC must demonstrate competency to the FAA during a validation flight in the aircraft.

1)                  A validation flight is not required in each make, model, and series of aircraft as long as the flighted configuration and displays used are the same.

2)                  During the validation flight test, the FAA evaluator must ensure that the operator’s procedures, knowledge, and use of the data link system are consistent with the operator’s CPDLC training program and the recommendations outlined in AC 120-70.

D.           For the parts 121, 125, and 135 certificate holders, the POI will coordinate with the principal avionics and airworthiness inspectors for the certification and airworthiness approval review, the content of the OpSpec Authorization, the required communication performance, the aircraft flight manual, additional minimum equipment list requirements and relief, STC (if applicable) and other such areas necessary for the safe and effective use of CPDLC. Identify the communications management unit (CMU)/VHF digital radio (VDR) make and model, etc. the equipment field of the OpSpec. Verify that software versions are noted in other appropriate maintenance manuals.

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/MSPEC A061, AUTHORIZATION TO USE AN ELECTRONIC FLIGHT BAG; ISSUANCE OF OPERATIONS SPECIFICATION/MANAGEMENT SPECIFICATION A061.

A.               General. Aviation safety inspectors (ASI) and Aircraft Evaluation Groups (AEG) will no longer approve Class 1 and Class 2 Electronic Flight Bag (EFB) hardware and associated Type A and B application software. Instead, ASIs may authorize the use of Class 1 or Class 2 EFB devices, including those Class 2 EFBs containing Type C application software meeting requirements of Technical Standard Order (TSO)—C165, Electronic Map Display Equipment for Graphical Depiction of Aircraft Position, for display of “own-ship” position on airport moving map displays. Installation requirements and airworthiness approval remain unchanged.

1)                  Class 3 hardware and Type C software will be FAA-approved by the normal type certification processes (type certificate (TC)/Supplemental Type Certificate (STC)). For operations conducted under 14 CFR parts 91 subpart K, 121, 125 (including deviation holders), and 135, all EFBs will be authorized for use by OpSpec/MSpec/LOA. AEG evaluation of Class 3 and/or Type C will be published in the applicable FSB Report.

2)                  Class 1 or 2 hardware (with Type A and/or B software applications) must be demonstrated to reliably meet intended EFB functions. It is the responsibility of the applicant and/or the EFB hardware/software vendor to ensure that its EFB system and Type A and B software applications can accurately perform intended functions. AEG evaluation of a Class 1 or 2 EFB (with Type B applications) will be at the AEG’s discretion and published in an Operational Suitability Report for the particular EFB.

B.               Background. AC 120-76A, Guidelines for the Certification, Airworthiness, and Operational Approval of Electronic Flight Bag Computing Devices, and expired Notice N 8200.98, Electronic Flight Bag Job Aid, reference several instances of FAA inspector and AEG approval requirements for Class 1 and 2 EFB hardware and associated Type A and B application software (whether that software is sold separately or embedded in an EFB device). The guidance in this section replaces procedures and advisory material in FAA orders and ACs requiring an FAA inspector or the AEG to approve Class 1 and Class 2 EFB hardware and associated Type A and B software applications. The guidance in this section is not intended to stop or restrict the operational use of these devices and software. This section also replaces the cancelled notice N 8000.353, Revised Guidance for Authorizing the Use of Electronic Flight Bags, Issuance of A061, Electronic Flight Bag, and Revision to A025.

1)                  In AC 120-76A, the words “approved” and “approval” are used in many instances when referring to actions that may be accomplished by Flight Standards Services (AFS) ASIs. The uses of these words are intended to reflect the general process for approval or acceptance. The general process of approval or acceptance of certain operations, programs, documents, procedures, methods, or systems is an orderly method used by AFS inspectors to ensure that such items meet regulatory standards and provide for safe operating practices. It is a modular, generic process that can be applied to many types of approval or acceptance tasks. It is important for inspectors to understand that this process is a tool to be used with good judgment.

2)                  The application of the approval process described in ASI handbooks, coupled with the “plain English” definitions of “approved” and “approval,” has led to some confusion in the aviation community. AFS ASIs have no authority to approve EFB hardware or EFB application software. The guidance in this section is not intended to stop or restrict the operational use of these devices and software, but to clarify the role of AFS ASIs with regard to EFBs.

C.               Guidance.

1)                  The authorization to use an EFB is optional and applicable to operators conducting operations under 14 CFR parts 91 subpart K, 121, 125 (including Letter of Deviation Authority holders), and 135. ASIs may authorize the use of Class 1, 2, and 3 EFB devices. (OpSpec/MSpec/LOA A025 is no longer used for the EFB authorization).

a)                  For authorizing the use of a Class 1 or Class 2 EFB device. The ASI must issue the selectable statement in operations specification/management specification (OpSpec/MSpec) and letter of authorization (LOA) A061, Electronic Flight Bag (see paragraph 3) below).

b)                  For authorizing the used of a Class 3 EFB device. Table 1 of OpSpec/MSpec/LOA A061 will be used to document the aircraft make/model/series (M/M/S), the Class 3 device, and the Type C software revision control for Class 3 EFB devices, if installed. Compliance with the requirements of OpSpec/MSpec/LOA A061 should be validated during routine inspections of the operator before it is issued.

2)                  ASIs and AEGs are not responsible for approving Class 1 and Class 2 EFB hardware and associated Type A and B application software.

a)                  Installation requirements and airworthiness approvals remain unchanged as specified in AC 120-76A.

b)                  The appropriate AEG, at their discretion may evaluate the EFB device installations that present new or novel functions and provide a report of operational suitability and/or adverse findings to the responsible aircraft certification or airworthiness entity having approval authority for the initial installation. Operational Suitability Reports (OSR) are available at www.opspecs.com Web site on the FSB Report page for EFB hardware that has been evaluated by the AEG and separate OSRs may be available for specific Type B software applications. ASIs should ensure an operator complies with these reports when they are available for a particular EFB.

3)                  Class 1 and Class 2 EFB Devices. A061 provides for the selection of standardized text for the use of Class 1 and Class 2 EFB devices. Any specific information should be contained in the operator’s appropriate manual and not entered into A061. The following is applicable for authorizing the use of Classes 1 and 2 EFB devices:

a)                  Class 1 and/or Class 2 devices with Type A and/or B application software may be authorized for use in accordance with the technical guidance specified in AC 120-76A. Class 1 devices with Type A or B application software and/or Class 2 devices with Type A or B application software and/or software approved under TSO-C165 (Type C) may be used.

NOTE: Technical guidance on Class 2 EFBs with Type C application software providing “own-ship” position is found in the current edition of AC 20-159, Obtaining Design and Production Approval of Airport Moving Map Display Applications Intended for Electronic Flight Bag Systems.

b)                  The maintenance and avionics inspectors must ensure that the aircraft and equipment have the proper airworthiness approvals for any power, databus connections, or mounting.

c)                  Training for the use and/or maintenance of the EFB by certificate holder/program manager must be documented and included in the operator’s approved training program and applicable maintenance program.

d)                  The certificate holder/program manager will specify the procedures for updating and maintaining any databases necessary to perform the intended functions of the EFB in its manual.

e)                  The principal inspector (PI) is responsible for conducting a review of the system performance to ensure its acceptability prior to granting authorization to use. The PI should review the system performance using the EFB system users manual/pilot’s guide. The PI is responsible for evaluating the operators use of the EFB in normal and emergency operations, but not a review of the actual hardware or software.

f)                          The AEG is available to assist with questions and guidance regarding EFB Operational Evaluations. The PI should contact the AEG when an operator submits a request for authorization to use an EFB that includes a new or novel function. The AEG may evaluate Class 1 or 2 hardware or Type B software applications as necessary to address progression in available EFB equipment and functions in the aviation industry.

g)                  If a Class 1 or Class 2 EFB device is authorized for use, the ASI must select that statement in the Select Data table for A061 and enter N/A in the cells of the table. All other information in regard to the authorization for the use of an EFB should be documented in the operator’s manual and not written into A061.

4)                  The Aircraft Certification Service (AIR) must provide design, installation, and airworthiness approval for Class 3 EFB hardware which is permanently installed on an aircraft. This will be accomplished by incorporating the EFB into the aircraft type design or STC, not by field approvals. If a Class 3 EFB device is authorized to be used, the table in A061 should be appropriately filled out.

a)                  The Type C application software associated with Class 3 EFB device is also certified by AIR in reference to Radio Technical Commission for Aeronautics (RTCA)/
DO-178B, Software Considerations in Airborne Systems and Equipment Certification. Type A and B application software may be installed on these devices, but require no approval by the ASI as this software is protected from the Type C application software in the RTCA/DO-178 standard.

b)                  Operators should have procedures to control revisions to the Type A and B software in their manuals. Type C software revision control is accomplished by using Table 1 in OpSpec/MSpec/LOA A061.

c)                  If Type A or Type B software is used in conjunction with Type C software in the Class 3 EFB, the name of the software must be documented in Table 1 of OpSpec/MSpec/LOA A061.

5)                  Simulator and/or in flight validation tests may be needed to fully determine the suitability of the use of an EFB (see AC 120-76A, paragraph 12(j), pages 21 and 22). Each operator’s proposed EFB functionality and software will vary, and scenarios should be customized for the particular situation by the inspector and applicant. It is the operator’s responsibility to demonstrate the function and reliability of the EFB.

a)                  Validation flight scenarios should be used to ensure that EFB device’s use has adequately transitioned into the operator’s overall training and operations programs. In some cases, the task will be completed entirely with an EFB, while in other cases the EFB device may be used together with other sources of information, such as paper charts or documents, depending on the capabilities of the EFB device and its operational implementation.

b)                  The required EFB validation flight scenario differences could be affected by other factors, such as:

·                           Software: Type A, B, or C application;

·                           Hardware: Classes 1, 2, or 3, which include factors such as location in the flight deck and connectivity to other aircraft systems;

·                           Aircraft/Operations: Single pilot vs. dual pilot, single EFB vs. dual EFB; and

·                           Weather conditions: Visual vs. instrument; very low visibility.

D.           Inspector Action. ASIs will review this section and provide pertinent information to the affected operators. Operations specification OpSpec/MSpec/LOA A025 would be a nonmandatory revision to remove any EFB authorization.

1)                  ASIs will provide technical advice and guidance to operators, when requested, to assist them in evaluating their selected EFB devices using the technical guidance found in AC 120-76 but will no longer issue FAA approvals for the hardware and software. Authorization for use will be issued in reference to paragraph 3) below.

2)                  If the operator’s OpSpec/MSpec/LOA A025 already contains an authorization for the use of an EFB, the operator’s existing OpSpec/MSpec/LOA A025 must be re-issued and the new A061 must be issued to authorize the use of the appropriate EFB within 120 days of the publication of this section. No subsequent evaluation of previously authorized EFB device(s) is necessary. If the operator has OpSpec A025 issued for electronic recordkeeping systems without the use of an EFB, it is not necessary to re-issue that operator’s OpSpec A025. Electronic recordkeeping system functions may co-reside on an EFB device and if so, OpSpec A025 as well as OpSpec A061 should be issued as instructed below.

3)                  ASIs will use the new OpSpec/MSpec/LOA A061, EFB, to authorize the use of Class 1, Class 2, or Class 3 EFB device. Compliance with the requirements of OpSpec/MSpec/LOA A061 should be validated prior to the initial authorization to use an EFB and during routine inspections of the operator. If a Class 3 EFB device is authorized to be used, the table in A061 should be appropriately filled out. If a Class 1 or Class 2 EFB device is authorized for use, the ASI must select that statement in the Select Data table and enter N/A in the cells of the table. All other information in regard to the authorization should be documented in the operator’s manual and not written into A061.

OPSPEC/MSPEC A096, ACTUAL PASSENGER AND BAGGAGE WEIGHT PROGRAM FOR ALL AIRCRAFT. Passenger and cargo-only operations conducted under parts 91 subpart K, 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 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 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 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 before issuing template A099 to verify operator weight and balance control program compliance.

OPSPEC/MSPEC A447, EMERGENCY AIRWORTHINESS DIRECTIVES (AD) NOTIFICATION INFORMATION.

A.               OpSpec A447 is a permanent data collection OpSpec paragraph for certificate holders that conduct operations under parts 121, 125, and 135. The Emergency Airworthiness Directives (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 ADs “receipt” is the responsibility of an operator’s management personnel. Part A of the templates is for general operations and management responsibilities.

2)                  The POI, along with the PMI and the 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 PIs 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.               ADs are substantive regulations issued by the FAA in accordance with . ADs are issued when an unsafe condition has been found to exist in particular aircraft, engines, propellers, or appliances installed on aircraft. ADs are also issued when that unsafe condition is likely to exist or develop in other aircraft, engines, propellers, or appliances of the same type design. Once an AD is issued, no person may operate a product to which the AD applies except in accordance with the requirements of that AD.

C.               Emergency ADs require immediate action. The FAA only distributes emergency ADs that affect transport category aircraft by facsimile. As such, all certificated operators are being required by an approved document to provide an AD point of contact (name, address, city, state, zip, telephone, and e-mail) and a facsimile transmission telephone number for emergency AD notification. The owner or operator of an aircraft is responsible for maintaining that aircraft in an airworthy condition, as required by part 39 and part 91, § 91.403(a).

D.           Delegation and Airworthiness Programs Branch (AIR-140), will notify all affected operators of the issuance of the emergency ADs via the facsimile number(s) identified by the operator’s method of notification in the template.

1)                  Parts 121 and 125 operators. AIR uses facsimiles for the official notification of the transport category emergency ADs to part 121 and 125 operators. AIR mails paper copies of ADs to all applicable registered owners (part 135 and others).

2)                  All other operators. Due to a large number of owners/operators (parts 91, 129, 135, etc.), AIR uses the FAA Aircraft Registry address database and the United States Postal Service for official notification of emergency ADs. AIR uses the information in template A447 to verify those addresses.

3)                  AIR no longer uses Societe International de Télécommunications Aeronautiques (SITA), ARINC, or TELEX codes for electronic notification. AIR does not use e-mail for official emergency AD notification or receipt acknowledgement.

E.               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 assures 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.                   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. Questions can be directed to any of the following:

Automated Systems Branch (AFR-520) (202) 267-3522

Airworthiness Programs Branch (AFS-610) (405) 954-6896

AIR-520 (202) 267-3682

OPSPEC/MSPEC/LOA A449, ANTIDRUG AND ALCOHOL MISUSE PREVENTION PROGRAM. OpSpec/MSpec A449 is applicable for 14 CFR parts 121, 121 /135, and 135 certificate holders, part 91 K (fractional owners) program managers, or part 91 operators conducting sightseeing operations under part 135, § 135.1(c).

·                           The certificate holders, program managers, or operators are responsible for providing the information required by part 121, appendices I and J to the POIs for the issuance of OpSpec/MSpec A449 or MSpec A449, as applicable.

·                           OpSpec/MSpec A449 is a “data collection” template and should not be construed as a Flight Standards authorization.

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

·                           When any changes occur, certificate holders and operators are responsible for providing Flight Standards with current information to update and amend A449.

·                           Even though the A449 OpSpec or template is for data collection purposes, it should be signed by the certificate holder or operator because they are “certifying” that the information is accurate and that they will comply with the applicable requirements of part 121, appendices I and J.

·                           In the park 91K database, the program manager is certifying that the information is accurate for its Antidrug and Alcohol Misuse Prevention Program.

A.               The following must comply with the Antidrug and Alcohol Misuse Prevention Program regulations in accordance with part 121, appendices I and J, and must have OpSpec A449 issued by Flight Standards:

·                           All parts 121 and 135 certificate holders.

·                           All part 91 sightseeing operations as defined by § 125.1(c) unless an exemption has been granted from the Antidrug and Alcohol Misuse Prevention Program regulations.

·                           All part 91, subpart K Program Managers must have an antidrug and alcohol misuse prevention education program. MSpec A449 must be issued indicating where those records are kept.

B.               All parts 121 and 135 certificate holders must be issued OpSpec A449.

·                           Existing parts 121 and 135 certificate holders must provide the information to their POIs that is required by part 121, appendices I and J for the issuance of OpSpec A449.

·                           New parts 121 and 135 certificate holders must have an Antidrug and Alcohol Misuse Prevention Program and OpSpec A449 issued by their POI before beginning operations pursuant to the certificate.

·                           The Antidrug and Alcohol Misuse Prevention Program shall be implemented concurrently with beginning such operations.

·                           When a part 121 or 135 certificate holder surrenders its certificate or its certificate is terminated, revoked, or suspended, it must discontinue testing under its Antidrug and Alcohol Misuse Prevention Program. OpSpec A449 should be archived when the certificate is no longer in an active status.

·                           Part 135 certificate holders must declare whether they have 50 or more safety-sensitive employees or fewer than 50 safety-sensitive employees. Whenever the number changes from 50 or more to fewer than 50, or vice versa, the certificate holder must inform the POI and OpSpec A449 would need to be amended.

·                           Certificate holders that operate under parts 121 and 121 /135 are required to report testing data annually to the FAA, Office of Aerospace Medicine, regardless of the number of safety-sensitive employees in their company. Therefore, there is no requirement to declare when the number of their safety-sensitive employees crosses over or below 50.

C.               Part 91 Operators Conducting Sightseeing Operations (§ 135.1(c)).

1)                  All part 91 operators conducting sightseeing operations as defined in § 135.1(c) must submit an Antidrug and Alcohol Misuse Prevention Program Registration in duplicate to:

FAA, Office of Aviation Medicine

Drug Abatement Division (AAM-800)

800 Independence Avenue, SW

Washington, DC 20591

2)                  The Antidrug and Alcohol Misuse Prevention Program Registration Format can be obtained at www.faa.gov/about/office_org/headquarters_offices/avs/offices/aam/drug_alcohol or by calling the Drug Abatement Division at (202) 267-8442.

3)                  Upon receipt of an Antidrug and Alcohol Misuse Prevention Program Registration Format, the Drug Abatement Division will stamp it “received,” include the assigned FAA registration number, and send it back to the operator.

4)                  Part 91 operators conducting sightseeing operations as defined in § 135.1(c) must be issued LOA A449, except those described in subparagraph 5) below.

·                           Existing part 91 operators conducting sightseeing operations as defined in § 135.1(c) should provide the local FSDO with the registration information required by part 121, appendices I and J:

·                           The operator should provide a copy of the Registration Format that the operator has received back from the Drug Abatement Division with the Registration of Identification number.

·                           The local FSDO should check the part 91(J) database in the OPSS for the operator and the identification number.

·                           If the operator and template are already filled out in the OPSS, the appropriate FSDO personnel should sign and activate the A449 template.

·                           If the operator is in the OPSS part 91(J) database but the A449 template is incomplete, the FSDO personnel should enter the information from the Registration Format, sign and activate the template.

·                           New part 91 operators conducting sightseeing operations as defined in § 135.1(c) must submit an Antidrug and Alcohol Misuse Prevention Program Registration to the FAA Drug Abatement Division.

·                           The Drug Abatement Division will send a copy of the Registration Format back to the operator with the Registration (or identification) number it assigns to that operator generated in the part 91(J) database in the OPSS.

·                           The Drug Abatement Division will enter the information provided on the Registration Format in regard to that operator into the part 91(J) database and into the A449 template.

·                           The Drug Abatement Division will activate the A449 template for the new operator and request that Technical Programs Branch (AFS-260) move that operator into the appropriate Flight Standards office database.

·                           If changes occur, the operator must notify its local FSDO for amending its A449. The operator should also send a copy of its amended Registration Format to the Office of Aerospace Medicine.

·                           The programs shall be implemented concurrently with the start of operations.

5)                  Exemptions. Certain operators who are granted an exemption from the Antidrug and Alcohol Misuse Prevention Program regulations are not required to have A449 issued. These exemptions are granted to operators that conduct sightseeing flights for charity or community events, such as an airport open house, pancake breakfast, charitable purpose, or community fundraising event, provided that they are conducted less than four times per year and meet certain specified safety criteria.

D.           Contract Employees. 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 Program and Alcohol Misuse Prevention Program.

E.               Terminated Antidrug and Alcohol Misuse Prevention Program. If the certificate holder or operator ceases to perform safety-sensitive functions, it must notify the POI to archive A449 and the certificate holder or operator must discontinue testing under the Antidrug and Alcohol Misuse Prevention Program.

F.                   Compliance and Enforcement Authority. All oversight of the Antidrug and Alcohol Misuse Prevention guidance, inspections, and enforcement activity will be conducted exclusively by the Drug Abatement Division (AAM-800), Office of Aerospace Medicine. Any and all enforcement actions to be taken for violations of part 121, appendices I and J, and other sections of 14 CFR related to drug and alcohol testing by the aviation industry, is the sole responsibility of the Drug Abatement Division. Any indication of possible regulatory violations of these provisions must be referred to the Drug Abatement Division at the address provided in subparagraph C1) above. All questions regarding the Antidrug and Alcohol Misuse Prevention Program must be directed to the Drug Abatement Division.

OPSPEC A501, LIABILITY INSURANCE SUSPENSION FOR SEASONAL OPERATIONS.

A.               Liability insurance coverage and the associated DOT forms (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. Title 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.               Part 119, § 119.61(b)(4) provides for the issuance of OpSpec paragraph 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.               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 non-operational 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.           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 VIS or the OPSS.

E.               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, P arts D and E—M aintenance MS pecs /O p S pecs.

F.                   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.           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, for guidance on OpSpec D106.)

H.           Start-Up Procedures and Rescinding OpSpec A501.

1)                  Prior to 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 PI 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.               OpSpec A502 is provided to specifically address conditions that must be met by the operator during the transition process. Fields are provided to outline specific conditions that must be met by the operator in order to continue operations during the transition period. These fields are (1) General, (2) Operations, and (3) Airworthiness.

B.               After the transition team reaches consensus on the transition plan, primary conditions provided in the plan should be entered in the appropriate field by the PI responsible for that area.

1)                  General. PIs of either specialty may use the “General” field to identify conditions that do not belong specifically to operations or airworthiness. Examples include station personnel training, flight numbering, and administrative department functions (such as reservations and sales).

2)                  Operations. The Operations field is provided to identify specific operational conditions. There are three areas that should be addressed in the Operations field. They are Operational Control, Training and Qualification, and Other.

a)                  Operational Control. Operational control fields identify which air carrier will assume operational control responsibility over the combined operation and the date that transfer is planned to take place. If the change-over is to be phased in over a period of time, such as by fleet, enter appropriate milestones here. Milestones listed in this field must correlate with the same milestones in the transition plan.

b)                  Training and Qualification. Training and qualification fields identify planned dates crewmember training and qualification will be completed. If two or more fleets will be phased in over different time periods, enter the fleet types and their associated training and qualification date milestones in the free-text fields provided. Include training plans for dispatchers and flight followers here, as well. Milestones listed in this field must correlate with the same milestones in the transition plan.

c)                  Other. This field is provided for other operations milestones not addressed in Operational Control or Training and Qualification. Examples include manual revisions, computer system support, and record keeping.

3)                  Airworthiness. The Airworthiness field is provided to identify specific conditions that apply to airworthiness. List maintenance program manual milestones in this field. Identify training and qualification of mechanics and inspectors here, as well. Major milestones outlining the transition of maintenance responsibilities and record keeping are appropriate for this field.

RESERVED. Paragraphs 3-738 through 3-751.