5/19/15

 

8900.1 CHG 400

VOLUME 12  AVIATION

CHAPTER 2  FOREIGN AIR CARRIERS OPERATING TO THE UNITED STATES AND FOREIGN OPERATORS OF U.S.-REGISTERED AIRCRAFT ENGAGED IN COMMON CARRIAGE OUTSIDE THE UNITED STATES

Section 4 Part 129 Part B Operations Specifications—En Route Authorizations and Limitations

Indicates new/changed information.

12-177  OPSPEC B001–B030. RESERVED.

OPSPEC B031. DECOMISSIONED.

Indicates new/changed information.

OPSPEC B032–B033. RESERVED.

OPSPEC B034. DECOMISSIONED.

OPSPEC B035—CLASS I NAVIGATION EN ROUTE IN U.S. AIRSPACE USING AREA OR LONG-RANGE NAVIGATION SYSTEMS (OPTIONAL FOR FOREIGN AIR CARRIERS OPERATING TO THE UNITED STATES).

A.    General. The FAA authorizes an operator to conduct Class I navigation within the United States using an Area Navigation (RNAV) or long-range navigation system (LRNS) system in accordance with 14 CFR part 129, § 129.17 by issuance of OpSpec B035. The RNAV or LRNS system must be installed in accordance with approved data and be operational except in accordance with an approved minimum equipment list (MEL). The airplane make, model, and series (M/M/S) and the manufacturer and model of the RNAV or LRNS systems authorized for this type of navigation must be listed in the OpSpec table. Only a single navigation system needs to be specified.

B.    Criteria Acceptable to the FAA. The FAA issues OpSpec B035 for en route navigation using RNAV or LRNS operations in accordance with, but not limited to, the following:

1)    The current edition of International Civil Aviation Organization (ICAO) Doc 9613, Performance-Based Navigation (PBN) Manual.
2)    Joint Aviation Authority (JAA) Temporary Guidance Leaflet (TGL) Number 10, Airworthiness and Operational Approval for Precision RNAV Operations in Designated European Airspace.
3)    If adopted by the Civil Aviation Authority (CAA), equivalent standards to the current edition of Advisory Circular (AC) 90-45, Approval of Area Navigation Systems for Use in the U.S. National Airspace System.
4)    For Q-routes, if adopted by the CAA, equivalent standards to the current edition of AC 90-100, U.S. Terminal and En Route Area Navigation (RNAV) Operations.
Indicates new/changed information.

NOTE:   Principal inspectors (PI) must coordinate all acceptable criteria other than 1) and 2) specified in subparagraph B with the International Programs and Policy Division (AFS-50) who will coordinate with the Flight Technologies and Procedures Division (AFS-400) as appropriate.

C.    Foreign Air Carrier Actions. A foreign air carrier applying to the FAA for the issuance of OpSpec B035 must provide the responsible International Field Office (IFO) with evidence that the State of the Operator has approved the foreign air carrier for this operation. The approval must include:

1)    A statement from the State of the Operator’s CAA stating that the foreign air carrier is approved for en route navigation using RNAV or LRNS in accordance with XXXX (e.g., ICAO Doc 9613) criteria, that the aircraft and aircraft equipment are eligible and approved for en route navigation using RNAV or LRNS, and that the flightcrews are trained to conduct for en route navigation using RNAV or LRNS;
2)    RNAV or LRNS system make, model (M/M), and part number(s) approved;
3)    Procedures for en route navigation using RNAV or LRNS; and
4)    Any other pertinent information.

NOTE:  The FAA and PIs are not responsible for evaluating a foreign air carrier’s training program. Air carrier training programs are evaluated and approved by the State of the Operator CAA. PIs may accept equipment eligibility that has been determined eligible and approved by a foreign air carrier’s CAA when it is also documented by the Aircraft Flight Manual (AFM) or other FAA-recognized means.

D.    PI Actions. After the principal operations inspector (POI) and principal avionics inspector (PAI) have reviewed all of the documents provided by the foreign air carrier and agree that the foreign air carrier has been authorized by the State of the Operator CAA in accordance with acceptable criteria to the FAA, the OpSpec B035 template may be issued.

E.    Q-Routes. Q-routes can be flown using Global Positioning System (GPS) or distance measuring equipment (DME)/DME/Inertial Reference Unit (IRU). In some cases, sufficient ground-based navigation sources are inadequate/unavailable to support DME/DME/IRU operations. When this occurs, the route must be annotated “GNSS REQUIRED.” Q-route procedures require the aircraft’s track-keeping accuracy remain bounded by +/- 2 nautical miles (NM) for 95 percent of the total flight time. Unless the RNAV route specifically requires GPS or Global Navigation Satellite System (GNSS) equipage, aircraft on the RNAV route must be within air traffic control (ATC) radar surveillance and communication (except for operations in Alaska).

F.    Technical Standard Order (TSO). RNAV aircraft is equipped in accordance with:

1)    For the lower 48 states Q- or T-routes, one of the following:
    a)    TSO-C129;
    b)    SO-C196;
    c)    TSO-C145; or
    d)    TSO-C146.
2)    For Q-routes in Alaska, either of the 4 TSOs listed above (same as those for the lower 48 states).
3)    For T-routes in Alaska, per SFAR-97, either of the following:
    a)    TSO-C145; or
    b)    TSO-C146.
Indicates new/changed information.

NOTE:  This OpSpec does not include Q-routes in the Gulf of Mexico as those are not in U.S. sovereign airspace.

G.    Y, T-Routes. Y-routes are RNAV routes between Florida and Puerto Rico through the area known as the West Atlantic Route System (WATRS). They were previously referred to as T-routes, but the letter T is now being used exclusively for terminal operations. Although FAA ATC provides Air Traffic Services (ATS) in the WATRS, this is international airspace (not U.S. sovereign airspace) and, as such, the FAA does not issue OpSpecs. A foreign air carrier who wants to operate in this airspace should consult the Aeronautical Information Publication (AIP) for requirements and get approval/authorization from their CAA.

H.    Gulf of Mexico. The Gulf of Mexico is in international waters. Oceanic airspace is divided into Oceanic Information Regions and delegated to a controlling authority bordering that region. The division among authorities is done by international agreement through the ICAO. For the Gulf of Mexico, U.S. air traffic controls the northern part of the Gulf of Mexico, Mexico’s air traffic controls the southern portion, and Cuba’s air traffic controls the eastern tip. All operators must be approved by their State of the Operator (per ICAO Annex 6) to transit any part of the world (to include the Gulf of Mexico) safely. Operators are responsible for reviewing and complying with the AIP of each State. Following is a link to the U.S. AIP on the Air Traffic Plans and Publications Web site at http://www.faa.gov/air_traffic/publications/. The link to the Notices to Airmen Publication (NTAP) is available on the same Web site, directly below the AIP link. Information about operations on Q-routes in the Gulf of Mexico, including equipment eligibility requirements, can be found in the NTAP. This information can be found on pages 3-INTL-63 through 3-INTL-65 in the March 5, 2015, edition of the NTAP at https://www.faa.gov/air_traffic/publications/notices/.

OPSPEC B036–B038. RESERVED.

OPSPEC B039. DECOMMISSIONED.

OPSPEC B040–B045. RESERVED.

OPSPEC B046. DECOMMISSIONED.

OPSPEC B47–B050. RESERVED.

OPSPEC B051—EN ROUTE VISUAL FLIGHT RULES (VFR) LIMITATIONS AND PROVISIONS—LARGE AIRPLANES (OPTIONAL).

A.    Applicability. OpSpec B051 is issued to foreign air carriers who are authorized to conduct en route visual flight rules (VFR) operations using reciprocating or turbopropeller-powered large airplanes. Foreign air carriers who are also authorized to conduct VFR en route operations with small airplanes and helicopters must also be issued OpSpec B056. The purpose of OpSpec B051 is to provide a higher level of safety in international air service or international air transportation operations by imposing certain restrictions and limitation above those that would normally be imposed by 14 CFR part 91 alone. These restrictions and limits are in accordance with those imposed on similarly situated U.S. operators operating under 14 CFR part 121. This OpSpec imposes the following additional limitations and restrictions on foreign air carriers:

1)    Limits VFR en route operations to VFR station-referenced Class I navigation. (For guidance on VFR station-referenced Class I navigation, see Volume 4, Chapter 1, Section 3.)
2)    Requires that VFR fuel requirements meet those of International Civil Aviation Organization (ICAO) Annex 6 instead of part 91.
3)    Imposes minimum VFR flight altitudes, which are greater than those required by part 91.
4)    Imposes minimum visibilities, which may exceed those of part 91.
5)    Requires that the flightcrew have completed training on VFR station-referenced Class I navigation in accordance with their approved training program.

B.    Prerequisites. Before issuing OpSpec B051 to a foreign air carrier, the principal operations inspector (POI) will ensure the following:

1)    The foreign air carrier has a VFR station-referenced Class I navigation training program for flightcrew members approved by the State of Operator.
2)    The foreign air carrier has the necessary radio navigation equipment installed to conduct VFR station-referenced Class I navigation in accordance with Volume 4, Chapter 1, Section 3.

C.    Limitations. The automated Operations Safety Subsystem (OPSS) allows the inspector to select several options for the type of VFR Class I navigation to be used. Those options are: “pilotage,” “pilotage and station referenced,” and “station referenced.”

D.    Standard Cruising Altitudes. The standard cruising altitudes prescribed in OpSpec B051 subparagraph b(4) may not always support VFR altitudes on certain routes. An example of this may be when there are recommended lower altitudes (other than listed in OpSpec B051) on standard routes for part 91 operations as published in local airport or State directories. The POI may prescribe other minimums for any route or part of a route where the safe conduct of the flight requires other altitudes. If the foreign air carrier is able to show that it is just as safe to fly at lower altitudes, after considering the character of the terrain, the quality and quantity of meteorological services, the navigational facilities available, and other flight conditions, they may apply for a nonstandard OpSpec B051 prescribing VFR routes and procedures for specific operations. The procedures to apply for such a nonstandard OpSpec are described below:

1)    The foreign air carrier shall submit all nonstandard OpSpecs requests to the POI.
2)    The request must contain enough supporting information, such as:

·    A statement of why the foreign air carrier cannot comply with the specific subparagraph,

    ·    The airports and routes specific to the operation,

    ·    The comparable level of safety,

    ·    Pertinent navigational equipment,

    ·    The type of aircraft,

    ·    Company procedures that ensure the safety of flight, and/or

    ·    Any other supporting documentation.

3)    Further, the request must include a copy of OpSpec B051 with the proposed nonstandard language inserted appropriately at the end of the OpSpec.

CAUTION: Do not change or add anything to the language, format, or numbering of the standard OpSpec. All nonstandard language must be added after the standard paragraph in additional text. The nonstandard OpSpec B051 shall only be issued to the foreign air carrier after concurrence by AFS–50.

OPSPEC B052–B055. RESERVED.

OPSPEC B056—VISUAL FLIGHT RULES (VFR) LIMITATIONS AND PROVISIONS–SMALL AIRPLANES AND HELICOPTERS (OPTIONAL).

A.    Applicability. The FAA issues OpSpec B056 to foreign air carriers who are authorized en route visual flight rules (VFR) operations using small airplanes and/or helicopters and conduct:

1)    Scheduled operations with airplanes other than turbojet-powered airplanes having a maximum passenger-seat configuration of nine seats or less, excluding each crewmember seat, and a maximum payload capacity of 7,500 pounds or less.
2)    On-demand operations with airplanes other than turbojet-powered 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.
3)    All-cargo operations with airplanes other than turbojet-powered airplanes, with a payload capacity of 7,500 pounds or less.
4)    VFR helicopter operations.

B.    Requirements. A foreign air carrier who is also authorized to conduct VFR en route operations with large airplanes must also be issued OpSpec B051.

C.    Purpose. The purpose of OpSpec B056 is to provide a higher level of safety in international air service or international air transportation operations by imposing certain restrictions and limitations above those that would normally be imposed by 14 CFR part 91 alone, and that are in accordance with those imposed on similarly situated U.S. operators operating under 14 CFR part 135. En route operations may be operated under the VFR requirements of part 91, except that the foreign air carrier shall comply with the following additional minimum altitude, visibility, and operating limitations:

1)    Minimum altitudes—except when necessary for takeoff and landing, no foreign air carrier may operate under VFR in:
    a)    An airplane:

    1.    During the day, below 500 feet above the surface, or less than 500 feet horizontally from any obstacle; or

    2.     At night, at an altitude less than 1,000 feet above the highest obstacle within a horizontal distance of 5 statute miles from the course the air carrier intends to fly; or in designated mountainous terrain, less than 2,000 feet above the highest obstacle within a horizontal distance of 5 statute miles from the course the air carrier intends to fly.

    b)    A helicopter over a congested area at an altitude less than 300 feet above the surface.
2)    Visibility requirements.
    a)    No foreign air carrier may operate an airplane under VFR in Class G airspace when the ceiling is less than 1,000 feet unless flight visibility is at least 2 miles.
    b)    No foreign air carrier may operate a helicopter under VFR in Class G airspace at an altitude of 1,200 feet or less above the surface or within the lateral boundaries of the surface areas of Class B, Class C, Class D, or Class E airspace designated for an airport unless the visibility is at least:

    ·    During the day—1/2 mile, or

    ·    At night—1 mile.

    c)    No foreign air carrier may operate a helicopter under VFR unless the pilot has visual surface reference or, at night, visual surface light reference, sufficient to safely control the helicopter.
3)    Fuel requirements. No foreign air carrier may begin a flight operation under VFR in:
    a)    An airplane, unless taking into account both the meteorological conditions and any delays that are expected in flight, the airplane carries sufficient fuel and oil to ensure that it can safely complete the flight. In addition, a reserve shall be carried to provide for contingencies and, as a minimum, the fuel requirements specified in International Civil Aviation Organization (ICAO) Annex 6, Part I, paragraph 4.3, shall be met.
    b)    A helicopter, unless taking into account both the meteorological conditions and any delays that are expected in flight, the helicopter carries sufficient fuel and oil to ensure that it can safely complete the flight. In addition, a reserve shall be carried to provide for contingencies and, as a minimum, the fuel requirements specified in ICAO Annex 6, Part III, paragraph 2.3 shall be met.

D.    Options. The inspector may select several options for the type of VFR navigation for OpSpec B056 in “Select Data” based on the guidance in Volume 4, Chapter 1, Section 3:

·    Station Referenced,

·    Pilotage, or

·    Pilotage and Station Referenced.

E.    Prerequisites. Before issuing OpSpec B056 to a foreign air carrier, the principal operations inspector (POI) will:

1)    Ensure that the State of Operator authorizes the foreign air carrier for VFR Class I navigation using “Station Referenced” and/or “Pilotage.”
2)    Ensure that, if the State of Operator authorizes station-referenced VFR Class I navigation, the State of Operator prohibits VFR pilotage operations or if the requirements in Volume 4, Chapter 1, Section 3 indicate that station-referenced VFR navigation is indicated, then the foreign air carrier must have the necessary radio navigation equipment installed to conduct VFR station-referenced Class I navigation in accordance with above guidance.

RESERVED. Paragraphs 12–178 through 12–213.