4/6/12                            FY12 THIRD QUARTER EDITORIAL UPDATES             8900.1 CHG 86

Volume 3 GENERAL TECHNICAL ADMINISTRATION

chapter 6  ISSUE A CERTIFICATE OF WAIVER OR AUTHORIZATION FOR AN AVIATION EVENT

Section 1  Issue a Certificate of Waiver or Authorization for an Aviation Event

3-141           PROGRAM TRACKING AND REPORTING SUBSYSTEM (PTRS) ACTIVITY CODES.

A.     Issue Certificate of Authorization. Enter “1220” in the “Activity Code” box of the PTRS transmittal form and enter “PA” in the “National Use” box if the certificate of authorization (COA) was issued for parachuting.

B.     Issue Certificate of Waiver. Enter “1230” in the “Activity Code” box and in the “National Use” box enter “AS” for an airshow, “AR” for an airplane air race, and “BE” for any type of balloon event.

C.     Complete DD Form 2535, Request for Military Aerial Support. Enter “1231” in the “Activity Code” box and enter “WI” in the “National Use” box if a waiver will be issued and “NW” if no waiver will be issued for the operation requested.

3-142      OBJECTIVE. This section’s task is to determine whether to issue a Federal Aviation Administration (FAA) Form 7711‑1, Certificate of Waiver or Authorization, to an applicant for an aviation event. Completion of this task results in the issuance of a certificate of waiver or authorization or the disapproval of FAA Form 7711‑2, Application for Certificate of Waiver or Authorization.

Note:       Appropriate paragraphs in the automated Operations Safety System (OPSS) or Web-based automated Operations Safety System (WebOPSS) may be used in lieu of FAA Form 7711‑1, Certificate of Waiver or Authorization.

3-143      GENERAL.

A.     Definitions. Many terms used in this chapter are unique to aviation events; therefore, the following definitions should enhance the understanding of their application:

1)      Aerobatic Box. The airspace at an airshow where participating aircraft are authorized to perform aerobatic maneuvers appropriate to their category. This box begins at the appropriate category I/II/III show line (Figure 3‑24).
2)      Aerobatic Flight. Aerobatic flight is where the pitch attitude exceeds 60 degrees above or below the horizon and/or the angle of bank exceeds 75 degrees in reference to the horizon for all aircraft when conducting the event in accordance with a certificate of waiver or authorization. The definition in Title 14 of the Code of Federal Regulations (14 CFR) part 91, § 91.303 does not apply. Therefore, always waive the portion of § 91.303 that defines aerobatic flight.
3)      Air Boss. The individual who has the primary responsibility for airshow operations on the active taxiways, runways, and the surrounding airshow demonstration area.
4)      Airshow. An aviation event defined as an aerial demonstration by one or more aircraft before an invited assembly of persons.
5)      Airworthiness Certificate. For the purpose of this chapter, the terms “airworthy” or “Airworthiness Certificate” refer to more than just the United States and International Civil Aviation Organization (ICAO) countries’ standard airworthy aircraft. For a U.S.‑registered experimental aircraft this would be a special flight permit, which must be accompanied by operating limitations. Foreign registered experimental aircraft must have the special flight permit with operating limitations and a special flight authorization allowing airshow operations in U.S. airspace.
6)      Airshow Demonstration Area. The total airspace (lateral and vertical limits) identified by the FAA waiver, temporary flight restriction (TFR), or the Notice to Airmen (NOTAM) issued for an airshow (sometimes referred to as the waivered airspace).
7)      Altimeter Setting. Many performers and jump aircraft may wish to set their altimeters to zero while on the ground to measure height above ground during their performance. This may require a waiver of § 91.121. The inspector‑in‑charge (IIC) should waive § 91.121 for any event where aircraft involved in that event are departing from a runway at that location. This does not require the affected aircraft to set their altimeter(s) to zero but gives the pilot the option to do so.
8)      Approved Maneuver. An AFS‑800 approved maneuver or a series of maneuvers. These may include flight over the designated spectator area(s) below 1,000 feet above ground level (AGL), higher speeds for military airplanes, or a maneuver that may involve energy directed at the spectator area that meets safety criteria.
9)      Aviation Event. Aviation events include airshows, closed course air races, parachute demonstration jumps, balloon meets, and fly-ins conducted before an invited assembly of persons, for which the FAA issues a Certificate of Waiver or Authorization.

Note:       This chapter does not address or include aerobatic competitions (see Volume 3, Chapter 5, Issue a Certificate of Waiver or Authorization for an Aerobatic Practice Area or an Aerobatic Contest Box).

10)  Aircraft Show Line Categories. Show line categories, speeds, and distances are shown in Table 3‑1 below. These speeds are only for determining assignment to a show line, not maximum performing speeds. The following criteria are the basis for the minimum distances in the table below:
a)      For reciprocating engine powered airplanes knots indicated airspeed (KIAS) in straight and level flight at 75 percent power at standard temperature and pressure (15°C/sea level) and maximum certified gross weight.
b)      For turbine engine powered airplanes (does not include the BD‑5J Microjet) 85 percent of the maximum continuous powered straight and level flight KIAS at standard temperature, pressure (15°C/sea level), and maximum certified gross weight.
c)      Minimum show line distances are measured from the crowd line to the center of the aircraft closest to any spectator area for Show Line Category II and III aircraft and to the center airplane for Category I airplanes.

Table 3-1. Example of Airplane Show Line Category

AIRPLANE SHOW LINE CATEGORY

AIRCRAFT CHARACTERISTICS*

STANDARD SHOW LINE DISTANCE FROM THE SPECTATOR AREA

I

More than 245 knots (282 miles per hour (mph))

1,500 feet

II

More than 156 knots but 245 knots or less (181‑282 mph)

1,000 feet

III

(Single reciprocating engine and BD‑5J)

156 knots or less (180 mph) or no more than 2,250 pounds gross takeoff weight (GTOW)

500 feet

 

 

 

 

* These are not operating limitations

Note:       See Table 3‑1A for all aircraft categories.

11)  Certificate of Authorization. An official document issued by the FAA to permit certain activities that require FAA approval but that does not waive any regulations, for example, parachuting/sky diving demonstrations. (See Figure 3-33 and 3‑33A.)
12)  Certificate of Waiver. An official document issued by the FAA that authorizes certain operations of aircraft to deviate from a regulation but under conditions that ensure an equivalent level of safety. Section 91.905 lists the sections of part 91 that can be waived. (See Figure 3‑32 and 3‑32A.)
13)  Civil Twilight. Civil twilight in the evening is the time between sunset and when the center of the sun is less than 6 degrees below the horizon. (See subparagraph 3‑147N for restrictions.)
14)  Control Point. A specified location where the event organizer, a designated representative, or an air boss manages the aviation event. The control point must have a communication system with the capability necessary to control the aviation event.
15)  Corner Markers. An easily identifiable marker or landmark from the air, 500 feet or more right and left of primary spectator area along the crowd line from the primary spectator area to provide flybys and performers a 500‑foot reference for proper separation from spectators (see Figure 3‑24, Figures 3‑26 through 27C and Figure 3‑29).

Note:       Markers that may be hazardous to aircraft operations should not be placed on runways, taxiways, or any other operational area. This includes the X on the end of runways to denote runway closure. Place them in a safe area adjacent to the designated spot.

16)  Critical Aircraft. That aircraft closest to the primary spectator area in a formation flight.
17)  Crowd Line. A physical barrier or a line marked on the ground that serves as a restraining line for designated spectator areas and provides the appropriate safety distances from the aerobatic box and/or show line.
18)  Essential Personnel. Individuals authorized to access the flying display area during an aerobatic performance. (See subparagraph 3‑145C.)
19)  Event Organizer. The person or agency responsible for the organization and conduct of the aviation event.
20)  Flyby. A non‑aerobatic pass or a series of non‑aerobatic passes, performed by one or more aircraft, before an invited assembly of persons at an aviation event while a waiver is in effect. (See paragraph 3‑147J.)
21)  Flying Display Area. The airspace at an airshow where participating aircraft have authorization to perform. This area includes all the aerobatic boxes and show line but does not include ingress/egress routes.
22)  Formation Flying. When an aircraft is flown solely with reference to another aircraft and within 500 feet of the referenced aircraft. Air racing and simulated dogfighting are not considered formation flying.
23)  Heritage Flight Program. The United States Air Force (USAF)‑approved military and civilian pilots flying formations consisting of USAF, former USAF, and U.S. Army Air Corps aircraft to demonstrate the history of USAF aircraft.
24)  Ingress/Egress Routes. Those routes used by airshow performers to enter and exit the flying display area.
25)  IIC. The FAA aviation safety inspector (ASI) who has primary FAA responsibility for the aviation event. (See subparagraph 3‑143D.)
26)  Military Jet Demonstration Teams. The sanctioned North American Military jet demonstration teams are the USAF Thunderbirds, the U.S. Navy Blue Angels, and the Canadian Forces Snowbirds.
27)  Military Single‑Ship Demonstration Teams. A U.S. Department of Defense (DOD) or Canadian Department of National Defense (DND)‑sanctioned demonstration team that consists of single aircraft conducting flybys or aerobatic demonstrations of current military fighter aircraft.
28)  Night. Night means the time between the end of evening civil twilight and the beginning of morning civil twilight, as published in the American Air Almanac, converted to local time.
29)  Official Photographers. Photographers designated by the responsible person as essential personnel to be in designated areas of the aerobatic box during performances (see subparagraph 3‑145C).
30)  Participant. Any individual specifically involved with, or directly participating in, the waivered aviation event.
31)  Primary Spectator Area. The main area designated by the event organizer for spectator use. The crowd line creates its boundary and has well defined lateral limits (ends). This is the area from which the public is directed to view the event. There may be more than one primary spectator area.
32)  Responsible Person. A person designated by the event organizer to be responsible for all aspects and special provisions of the waiver/authorization. This person must be acceptable to the waiver/authorization‑issuing Flight Standards District Office (FSDO) as being knowledgeable concerning the terms and provisions of the certificate of waiver/authorization for this aviation event. The responsible person will be responsible to the FAA for the safe conduct of the event.
33)  Secondary Spectator Area(s). Any area, not designated as a primary spectator area, where people have a natural tendency to gather to observe the event. This includes, but is not limited to, private property or property not under control of the event organizer, public roads, and private access roads.
34)  Show Center. A visible reference point that denotes the center of the flying display area.
35)  Show Line. A line on the surface of the ground or water, marked to be clearly visible to pilots from the air, intended to enhance pilot orientation during the performance. The show line provides the performer with a clear visual reference to the minimum safety distance applicable to the category of the maneuvering aircraft being flown (See subparagraphs 3‑147A, C through F.)
36)  Tailhook Legacy Flyover Program. The United States Navy (USN)‑approved military and civilian pilots flying formations consisting of sanctioned USN and former USN aircraft to demonstrate the history of U.S. naval aviation.
37)  Web Sites. The public Internet airshow site is available at http://www.faa.gov/about/initiatives/airshow. The FAA employee airshow site is available at http://intranet.faa.gov/FAAEmployees/org/linebusiness/avs/offices/afs/programs/airshows.

B.     Regulatory Authority. Flight Standards Service (AFS) has the authority to grant or deny waivers of the regulations listed in § 91.905 for aviation events. The FSDO that has responsibility for aviation events conducted at the proposed site processes requests for waivers or authorizations.

1)      Scope of waivers.
a)      Waivers of 14 CFR sections and the attendant special provisions may vary in scope depending on the regulations that an applicant requests to be waived and will vary depending upon the type of aviation event and the location. Some events require nothing more than waiving § 91.303(e) to permit aerobatic flight at less than 1,500 feet above the surface. Other events that consist of flybys and static displays may only require waiving sections of part 91 for aircraft speed limitations, minimum safe altitudes, or limitations while operating in the vicinity of airports or within Class B, C, D, or E airspace.
b)      Waivers of the basic visual flight rules (VFR) weather minimums specified in § 91.155 may be considered in areas where the entire event can be conducted with air traffic control (ATC) providing separation between participating aircraft and nonparticipating aircraft. This will mean that the entire airshow display area for the affected aircraft must be within a TFR, Class C, or Class D airspace.

Note:       Class B airspace is normally “Clear of Clouds” for VFR operations.

2)      Section 91.905 establishes a list of rules subject to waivers. Some of the subsections of the mentioned sections may or may not need to be waived. For example, see note below on § 91.119. There should be a corresponding special provision that gives the conditions that must be followed for each section and/or subsection to be waived to maintain an equivalent level of safety. Another example would be § 91.117. Aircraft speed may be waived but that waiver of airspeed would have a limitation on maximum airspeed, and the limitations on where that waiver is valid would be in the special provisions attached to the waiver.

Note:       Section 91.119(a) will not be waived for airshow demonstration purposes. Section 91.119(b) and (c) may be waived only when the conditions stated herein are met.

C.     Program Coordinators. A national airshow coordinator is designated in FAA headquarters by AFS‑800. The regional Flight Standards Division manager designates regional airshow coordinators. The national coordinator is responsible for overall program monitoring and coordination of all information and communications between DOD, FAA regions, and the public. The regional coordinators are responsible for monitoring the same programs in that region and for coordinating policy and information between FSDOs and the national coordinator. The national and regional airshow coordinators function in an advisory capacity. IICs making onsite evaluations are responsible for technical determinations as to the issuance or denial of a request for waiver.

1)      The IIC will elevate any issues requiring clarification or that may be of regional or national interest, such as military demonstration team participation, to the regional airshow coordinator. The regional coordinator will determine the level of regional participation. A list of regional coordinators is available on the public access site at http://www.faa.gov/about/initiatives/airshow/. FAA IIC and other FAA employees may use the following site: https://intranet.faa.gov/FAAEmployees/org/linebusiness/avs/offices/afs/programs/airshows/. The regional coordinator assists in resolving issues and coordinates with the national coordinator as necessary.
2)      The national coordinator makes recommendations regarding policy changes. When policy change is not required, provide clarification back to the regional coordinator.
a)      Regional supplements to aviation event policy are not permitted (see Volume 1, Chapter 1, Section 1, subparagraph 1‑3C).
b)      The regional coordinator will receive reports of initiation of any enforcement investigations, and he/she will coordinate the necessary response with the national coordinator as early as possible in the investigation.
c)      All accidents or incidents occurring at an aviation event will be reported immediately to the regional coordinator, who will coordinate with the national coordinator.

D.    IIC. To enable the FAA to most effectively manage the aviation event program, FSDO managers will assign an IIC to process an application for a waiver or authorization for an aviation event. The IIC oversees or personally conducts the following activities:

·        Site feasibility study.

·        Participation in the preseason evaluation meeting.

·        Evaluation of the application for waiver or authorization.

·        Recommendation for issuance or denial.

·        Prepares a list of special provisions appropriate for the event in compliance with current guidance in this order.

·        Surveillance of the aviation event.

E.     IIC Qualifications. The IIC assigned this task and the subsequent surveillance must have completed the applicable on‑the‑job training (OJT), and must have participated in the issuance of at least three certificates of waiver and surveillance of at least three aviation events as a trainee with a qualified IIC. For events in which a military aerobatic demonstration team performs, the IIC must have satisfactorily completed OJT for a military aviation event, including participation in a site feasibility determination required by DOD, a preseason evaluation meeting, and a waiver preparation for a military demonstration team.

F.      Qualified Inspector Not Available. If the FSDO does not have an inspector who meets the above qualifications, the FSDO manager will contact the regional airshow coordinator to request an inspector who is qualified to perform the tasks of an IIC. After the regional coordinator identifies an available IIC, FSDO managers should work out the arrangements necessary to accomplish the task and provide OJT if an ASI is available. A PTRS record must be made documenting the need for outside resources.

G.    Surveillance of an Aviation Event. Surveillance of an aviation event is the responsibility of the FSDO manager. Preferably, the IIC who processed the application for a waiver or authorization should monitor the event. Consider additional resources for high profile events or large aviation events. Any event not monitored by an IIC must be coordinated with the regional airshow coordinator well in advance, and the outcome documented in PTRS. (See Volume 6, Chapter 11, Section 10, Surveillance of an Aviation Event, paragraph 6‑2371.)

H.    Surveillance of an Aviation Event—Inspector Resources Not Available. It is always preferred to have a monitor at each event, although in rare circumstances it may not be possible. The FSDO manager, along with the regional airshow coordinator, should consider the following as part of the decision making process and assessing the risk:

·        Size of the event (length, number of airshow acts and static display, number of spectators)?

·        Has there been a history of problems with the management of the event?

·        Is it a military airshow?

·        What is the previous safety history of this event?

·        Is the event well planned and are experienced personnel in key positions (e.g., event organizer/responsible person, air boss, performers, Crash, Fire and Rescue personnel, etc.)?

·        What is the experience level of the responsible person/event organizer and air boss?

·        Is the emergency plan well designed and adequately staffed for this event?

·        Is the plan to manage spectators and sterile areas well designed and adequately staffed for this event?

·        Is a TFR issued for the event?

·        Is ATC managing the movement of aircraft? Are they onsite?

·        How many FAA monitors would this show normally require?

·        Will you send an Airworthiness inspector to inspect aircraft prior to event?

·        Will you send an ASI (Operations) to check the performers’ credentials prior to event?

·        Is it possible to attend first day to ensure compliance with waiver and special provisions?

3-144      APPLICATION FOR A CERTIFICATE OF WAIVER OR AUTHORIZATION.

A.     FAA Form 7711‑2, Certificate of Waiver or Authorization Application. An inspector who reviews relevant information about the proposed operation and site suitability processes applications for aviation events should use FAA Form 7711‑2 (Figures 3‑32 through 3‑33A). Not all items on the form may apply to each event. In other cases, additional information may be required. The FSDO manager has the authority to sign a waiver or authorization when the application is approved.

1)      Submit applications for airshows or air races at least 90 days before the date of the event. Only after the event organizer has met all requirements, approval or denial of the application will be completed within 30 days of receipt by the FSDO.
2)      Present applications for parachute jumps made over or into a congested area or open‑air assembly of people at least 10 working days before an event. Completion of an application’s approval or denial must be done within 5 working days of receipt by the FSDO.
3)      TFRs are requested in accordance with § 91.145. TFRs should be requested about the same time the application for waiver is made and will be processed in accordance with the procedures established in subparagraph 3‑144E4).
4)      The completion and submission of FAA Form 7711‑2 and all supporting documents are solely the applicant’s responsibility.
5)      Upon approval, FAA Form 7711‑2 and its attachments become a part of FAA Form 7711‑1 (Figure 3‑34).
6)      The applicant must attach current maps, charts, diagrams, or other data appropriate to the activities and locations to FAA Form 7711‑2 upon application for a certificate of waiver or authorization.
7)      For most events, the supporting data must address the following major areas:
a)      Diagrams and descriptions of spectator areas which restrict the public from:

·        The flight areas;

·        The active runways;

·        The taxi and run‑up areas; and

·        Other active areas, such as emergency or police helipads, parachute landing areas, pyrotechnic areas, etc.

b)      Supporting documents should describe the methods that will be used to ensure security of areas outside of the designated spectator area, especially the area under the aerobatic maneuvering area.
8)      Except for official military pilots, each pilot flying a civil aircraft must have the proper certification and rating for the aircraft to be flown. In addition, each civilian pilot who performs aerobatics must possess a Statement of Aerobatic Competency (SAC) (see subparagraph 3‑145A) including foreign civil airmen (Figures 3‑35 and 3‑36).
a)      Non‑airmen participants, such as parachutists, can be accepted on the basis of a license issued by the United States Parachute Association (USPA), similar organizations or equivalent qualifications acceptable to the FAA. The FAA does not require certification of operators of ultralight vehicles, wing walkers or trapeze occupants, ribbon‑cut personnel, drivers of ground vehicles for a car‑to‑plane transfer, and other non‑airmen participants. For unmanned air vehicle operations, contact the regional coordinator for support.
b)      Except for official military aircraft, each aircraft flown in an aerial demonstration must be properly certificated and have documentation in accordance with the procedures established in subparagraph 3‑145F indicating current inspections, Airworthiness Directives (AD) and time limitations are appropriate for the aircraft to be in an airworthy condition.

B.     Assisting the Event Organizer with Form 7711‑2. The current edition of FAA Advisory Circular (AC) 91‑45, Waivers: Aviation Events, or AC 105‑2, Sport Parachuting, as appropriate, provides most information necessary to plan and conduct a safe event. You may obtain these documents and other pertinent information from the FAA at http://www.faa.gov/about/initiatives/airshow. FAA inspectors can obtain additional information at https://intranet.faa.gov/FAAEmployees/org/linebusiness/avs/offices/afs/programs/airshows.

1)      Thorough planning has a direct bearing on the success and safety of any event. In larger events, the event organizer should be encouraged to appoint a responsible person (see subparagraph 3‑143A32), to develop a detailed plan for all facets of the event regarding the FAA waiver or authorization. The event organizer and/or responsible person must understand that a waiver is only issued after the determination that a proposed event can be conducted safely and in the best interest of public safety. The inspector should direct the event organizer or responsible person to the detailed guidance in this chapter and ensure that the following subjects have been addressed:

·        Type of event,

·        Each act’s support and airspace requirements and eligibility of participants and aircraft (military/civil),

·        Military aircraft performances,

·        Parachute demonstrations,

·        Site selection (airports, fairgrounds, other sites),

·        Airspace considerations and issuance of a TFR,

·        Minimum safety distances and altitudes, and

·        Event management.

2)      The experienced event organizer is generally well acquainted with the requirements and procedures for obtaining the waiver or authorization and will usually appoint a responsible person to attend to areas regarding the waiver or authorization. Ask first time event organizers to review and have a good understanding of the current edition of AC 91‑45 or AC 105‑2, which contain important information for planning and conducting safe aviation events, because they may not be aware that a waiver or authorization is required. These ACs also provide information on how to request FAA Form 7711‑1. First time event organizers are strongly encouraged to contact industry organizations (e.g., the International Council of Air Shows (ICAS)) for airshow support and/or training.

C.     Completion of Form 7711‑2. (See Figures 3‑32 and 3‑32A.) Upon receipt, review the application for obvious discrepancies. If discrepancies exist, arrange a meeting with the applicant to resolve the issues to mutual satisfaction. The applicant must revise the information he/she submitted on FAA Form 7711‑2; the FSDO will not alter it.

1)      Items 1 and 2. An organization does not sponsor every airshow. An individual may sponsor an event. If the applicant represents an organization, the organization’s name should appear in Item 1. The name of the individual and his/her position or authority to represent the organization (i.e., the responsible person) should appear in Item 2. If the applicant is not representing an organization, “N/A” should be entered in Item 1 and the applicant’s name entered in Item 2. A responsible person is one who has demonstrated to the FAA knowledge concerning the terms and provisions of the certificate of waiver/authorization for this aviation event. The responsible person will be responsible to the FAA for the safe conduct of the event.
2)      Item 3. Permanent Mailing Address. The applicant should indicate the permanent mailing address of the organization named in Item 1 or the individual named in Item 2.
3)      Item 4. Pertains to Banner Towers only. Aviation events should enter “N/A.”
4)      Item 5. Pertains to Banner Towers only. Aviation events should enter “N/A.”
5)      Item 6. Reference § 91.905 for a list of rules subject to waivers. Ensure that the applicable rules to be waived have been requested. An application for a parachuting operation should state that authorization is requested in accordance with § 105.21 and 105.25.
6)      Item 7. It may be sufficient for the applicant to use the terms airshow, parachute demonstration jump, or air race to describe the events. However, it would be helpful for the applicant to fill in as detailed a description as possible if the event is an airshow or air race; for example, enter the category of aircraft to be flown, in addition to make and model, if known. (See Figure 3‑32, Item 5.)
7)      Item 8. The applicant should describe the airshow demonstration area as a rectangular, cubic, or cylindrical cell of airspace; and the aerobatic box as a cube or rectangle bounded by a runway or other definable geographical reference, a lateral point, and up to a particular altitude AGL. This can be over land or water.
a)      For off‑airport sites, the boundaries should be described using rivers, highways, railroads, or other easily identifiable landmarks or markers.
b)      For an airshow, the applicant should attach current, properly marked maps, drawings, or photographs of the planned area of operation (satellite photographs may be substituted for topographic charts (from http://maps.google.com, http://www.mapquest.com, etc.)). The applicant will include as much of the following data as known at the time of application. The IIC will review the documentation for acceptance. Any depiction submitted must include indications of the following:

·        The location and marking of the show lines.

·        The location of the boundaries of the airshow demonstration area.

·        The location of the boundaries of the flying display area and/or aerobatic box.

·        The location and type of corner markers if flybys are anticipated.

·        The location of the primary spectator area and the types of barriers used, including gates.

·        The location of the emergency vehicles and medical facilities.

·        The location of the emergency access surface routes to and from the event site.

·        The location of the aircraft movement areas.

·        The location of the parachuting landing area.

·        The location of the static display aircraft parking areas.

·        The location of the airshow aircraft parking areas.

·        The location of the fly‑in aircraft parking areas.

·        The location of the refueling areas.

·        The location of the helipads.

·        The location of the airshow control point.

·        The location of the pyrotechnic areas.

c)      Applicants should note in Item 7 if supplemental information is attached.
d)      The site layout must depict that the airshow demonstrations or airshow acts can be accomplished at that site. If an airshow demonstration or act cannot fit within FAA distance criteria, or if congestion or new development around the proposed site impedes those criteria, the site is not appropriate for that demonstration or act.
8)      Item 9. Inspectors can eliminate the need for the applicant to resubmit applications for an additional authorization by advising applicants to list alternative dates on the initial application. This avoids confusion and reduces the number of applications that must be submitted by the event organizer.
9)      Item 10. The initial application does not need to list specific performers/aircraft. The application may be accepted with a notation in Item 8 that a list will be provided at a later, specified date and time. The list should eventually include all performers and aircraft (civilian and military) and parachute teams (civilian and military). A notation stating the show line category must be annotated with each make and model aircraft. Once the list has been supplied, may be amended by the responsible person and resubmitted to the IIC for approval. Performers added on the day of the event must show proof of appropriate qualifications that the aircraft is airworthy, and a determination must be made that the performance can be conducted at that show site.
10)  Items 11 and 12. This section requires the name and address of the event organizer. The event organizer of an airshow may be an individual, a group of individuals, or an organization. The event organizer of an airshow may appoint a responsible person that has the overall responsibility for the conduct of the airshow in a safe manner and in accordance with the conditions contained in the certificate of waiver or authorization issued for the airshow. The event organizer may delegate to other persons the authority to organize and control particular aspects of the event. At a small event, one person may be able to coordinate more than one activity, while at a large event, a committee of persons delegated by the appropriate authority may control an activity.
11)  Item 13. There is no specific requirement for the use of uniformed police or security guards. The need for policing depends upon several factors that must be discussed with the IIC to ensure adequate crowd control. However, it is highly recommended that uniform clothing be worn (high visibility T‑shirts, hats, etc.) by individuals performing crowd control or other official duties.
a)      The event organizer must ensure that the airshow demonstrations are conducted safely and without creating a hazard to any non‑participants or spectators. It is imperative that all areas adjacent to the airshow site containing homes, factories, major highways, traveled thoroughfares, or any occupied vessel, vehicle, or structure be carefully evaluated before making a final decision for site selection, and that these areas can remain sterile if their location is under the aerobatic box.
b)      With respect to crowd control, it is the event organizer’s responsibility to ensure that all reasonable efforts are made to confine spectators to the spectator areas, ensure that sterile areas are evacuated and remain sterile, and to present a plan to the IIC in sufficient detail that specifies how this will be accomplished and who is responsible to police the aviation event. The application may be accepted with a notation in Item 13 that a written plan will be provided at a later date, specified date and time.
12)  Item 14. Emergency facilities have caused problems for event organizers. As previously noted, the application serves as an all‑purpose form and contains items that may or may not be appropriate to emergency facilities. Some applications have been erroneously denied because the boxes for physician, ambulance, and fire truck were blank. Encourage every airshow event organizer to provide emergency medical service even though this service may not be utilized. Many event organizers prefer to have the local fire department’s emergency rescue squad, paramedics, or emergency medical technicians at their show rather than a physician.

Note:       For balloon events, consult the guidelines for emergency procedures listed in paragraph 3‑153 when considering which boxes to check in Item 14.

13)  Item 15. In this block enter a description of method for controlling air traffic (AT) and potential alternative communication methods. For example:
a)      Although every aircraft in the event may be equipped with a two‑way radio, a visual ground‑to‑air emergency signal must be provided and described in the application.
b)      If a scheduled air carrier serves an airport that is the site of an aviation event, arrangements must be made for the arrival and departure of such aircraft. It is usually adequate to schedule a break in the activities to allow for scheduled arrivals and departures. The event organizer should complete prior coordination with the air carrier and ATC.
c)      Request for TFRs, as authorized under § 91.145, if applicable. Add notation in Item 15 if request initiated.
d)      List ATC facilities, frequencies, and contacts.
14)  Item 16. The FAA must see a proposed schedule of events to evaluate the application. It should contain at least a general description of the types of events and their approximate sequence in the show. The application may be accepted with a notation in Item 16 that a final schedule of events will be provided at a later, specified date and time.
a)      The schedule should identify the aircraft and expected performers in the approximate sequence of appearance as best as possible at the time. During the event, the scheduled order of appearance may change because of weather, mechanical problems, or other factors at the discretion of the air boss.
b)      Any demonstration or act added to the airshow schedule requires notification to FAA and should be submitted at the earliest opportunity (see subparagraph 3‑144C6, item 8). Cancellation of an airshow demonstration or act does not require advance notice, unless it has a significant impact on the event (e.g., cancellation of a military demonstration team would require notification, as would the cancellation of the entire event).

D.    Temporary Practice Areas. During the airshow season, the FSDO may be called upon to issue a waiver for the establishment of a temporary aerobatic practice area.

1)      Inspectors should encourage event organizers to apply for a temporary practice area for an associated airshow as part of that airshow waiver request, if one is desired. This will provide participating performers with a convenient and safe area in which to practice their aerobatic performances.
2)      Although this will be a separate waiver, which becomes effective as much as 7 days immediately before the event, it should terminate on or before the same date and time as the event waiver.
3)      The actual airshow site may be suitable as a temporary practice area if it is a controlled environment and there will be no conflict with other nonparticipating aircraft. The effective times must be thoroughly coordinated with the pertinent AT facilities before approval and issuance of the waiver.
4)      The temporary practice area should be established no more than 20 or 30 miles from the actual airshow site.
5)      The responsibility for site selection, coordination, approvals, application, and oversight of the temporary aerobatic practice area rests solely with the airshow event organizer.

Note:       Temporary aerobatic practice areas are excluded from Order 1050.1, Environmental Impacts: Policies and Procedures, due to their temporary nature.

E.     Coordination Requirements.

1)      AT Coordination. Any request for a waiver or authorization for an aviation event or flyover not as part of an aviation event requires coordination with the appropriate ATC facility. Any special conditions considered necessary by the Air Traffic Service (ATS) Area will be made a part of the certificate of waiver or authorization in the special provisions.
2)      Special Ultrahigh Frequency (UHF)/ Very High Frequency (VHF) Frequency Requests. Requests for special UHF/VHF frequencies for airshow usage should be made by the sponsor or responsible person to the AT facility having jurisdiction over the airspace where the airshow will take place.
3)      FAA Airports. Any event organizer who requests a waiver for a public aviation event on an airport certificated in accordance with 14 CFR part 139 must coordinate with the appropriate FAA Airport District Office (ADO) and receive approval for the event ground operations plan before issuance of FAA Form 7711‑1.
a)      Encouraging event organizers to include airport management in the coordination will greatly facilitate the process. These steps will facilitate the resolution of any conflicts with ARP policy/regulatory requirements relative to part 139. The ground operations plan includes the necessary changes that must be addressed for security. ARP is responsible for ensuring any necessary changes to the security plan are coordinated with FAA security before approval. ARP‑1’s approval of the ground operations plan is generally separate and distinct from the review and approval of the overall airshow layout (primary spectator area, show line(s), takeoff/landing runway, etc.) that is the responsibility of the waiver‑issuing FSDO.
b)      Any limitations or special provisions considered necessary by the ADO will be made a part of the certificate of waiver. As part of their normal program responsibilities, FAA ADO inspectors may from time to time request information concerning aviation event activities at airports other than those certificated in accordance with part 139.
c)      ARP has designated lead airport inspectors in each ARP regional office as the approval authority for this approval. Affected airshow sponsors should call the appropriate regional office for coordination. If unable to reach that office, call the national ARP point of contact. The list of regional offices is found on the Internet at http://www.faa.gov/airports/news_information/contact_info/regional.
4)      TFR. A TFR is an area designated to enhance the protection of persons and property on the surface or in the air, to maintain air safety and efficiency, or to prevent the unsafe congestion of aircraft in the vicinity of an aviation event. The responsible person or air boss must request a TFR not FSDO personnel. The procedures for requesting a TFR are found on the following Web site: http://www.faa.gov/about/initiatives/airshow.
a)      Aerial demonstrations contained entirely within a Class B, C, or D airspace area should not request the issuance of a TFR under § 91.145.
b)      Requirements for issuance of a TFR NOTAM in accordance with § 91.145

·        Any segment of the requested airspace for the aerial demonstration for aircraft exceeding 200 KIAS is outside of Class B, C or D airspace;

·        Military aircraft are conducting aerobatic demonstrations;

·        Civilian aircraft that operate in excess of 200 knots are conducting aerobatic demonstrations; or

·        Sanctioned military parachute demonstration teams are performing.

c)      TFR issued will reflect the dates, times, and lateral and vertical limits of the airshow display area for the aerial demonstration for which a certificate of waiver or authorization (FAA Form 7711‑1) has been issued.

12.  VFR and instrument flight rules (IFR) AT (not specified on the waiver) may be authorized to operate within the designated airspace area published in the TFR NOTAM, when the following conditions are met:

·        The controlling ATC facility or air boss (if authorized by ATC) grants authorization,

·        The air boss has coordinated the procedure with the IIC, and

·        The TFR NOTAM specifies the frequency to contact ATC for an authorization.

13.  Cancellation of a waiver and TFR NOTAM must be coordinated. The Responsible person or air boss must coordinate cancellation with the controlling ATC facility and the IIC. The procedures can be either pre‑coordinated or established at the time of cancellation.

5)      Class D NOTAM. Issue a Class D NOTAM for any aerial demonstration that does not require a TFR. A Class D NOTAM does not prohibit transient aircraft from entering the airspace. It is only a notice for non‑participating aircraft that the airport is closed and the purpose of that closure.
6)      Waiver of § 91.155 Requirements for VFR.
a)      Section 91.155 authorizing operations “clear of clouds” is waived under the following circumstances:

12.  Aerial demonstrations are conducted entirely within Class C or D airspace where ATC communication is maintained (Class B is normally clear of clouds); or

13.  Aerial demonstrations that are conducted within the boundaries of a TFR issued for that event and ATC communication is maintained.

b)      Aerial demonstrations conducted at night must comply with all of § 91.155.

3-145      PARTICIPANT AND AIRCRAFT ELIGIBILITY.

A.     Aerobatic Competency Documentation.

1)      All civil pilots who perform aerobatic maneuvers in any aircraft where the pitch angle or bank angle exceeds 90 degrees must possess a valid FAA Form 8710‑7, Statement of Acrobatic Competency, or Transport Canada Form 26‑0307, Statement of Aerobatic Competency (Figures 3‑35 and 3‑36).
2)      All civil pilots who perform maneuvers in excess of 60 degrees but not more than 90 degrees of pitch, and/or more than 75 degrees but not more than 90 degrees of bank that do not meet the requirements in subparagraph A1) must have a logbook endorsement or a competency letter issued within the past 24 calendar‑months after complying with the following:
a)      Have successfully completed a flight and ground review by a DPE, FAA Operations Inspector, ICAS or Experimental Aircraft Association (EAA) aerobatic competency examiner possessing authorization to administer this test in that particular airplane or helicopter.
b)      The endorsement or letter states that the pilot may fly maneuvers up to 90 degrees of pitch and/or 90 degrees of bank in reference to the horizon (see Figure 3‑37). The endorsement is limited to the altitude demonstrated but not less than 200 feet AGL. The testing standards for this endorsement are as follows:

12.  For 90 degrees of bank endorsement the applicant must demonstrate a roll to 90 degrees from the horizon and return to level without loss of altitude and within 10 degrees of the predetermined roll out heading.

13.  For 90 degrees of pitch up, the applicant must demonstrate a pitch up to 90 degrees from the horizon starting at the lowest altitude authorized but never less than 200 feet AGL. This pitch up will terminate at a predetermined airspeed or altitude as determined by the examiner.

14.  For a 90 degrees of pitch down, the applicant must demonstrate a pitch down to 90 degrees and recover at a predetermined altitude but never lower than 200 feet.

15.  The applicant must demonstrate knowledge of show line orientation and proper distance’s from spectator areas.

a.       Demonstrate ability required to reposition the aircraft from a maneuvering pass;

b.      Realign 180 degrees for the next pass; and

c.       Align the flight path so as not to direct energy toward the primary spectator area.

16.  For any demonstrations, at no time may the outcome of the maneuver be in doubt.

17.  The applicant may only be endorsed for the altitude demonstrated but not less than 200 feet

3)      All limitations on the document listed in subparagraphs A1) or 2) above must be followed. Aerobatic maneuvers and sequences/performances that contain aerobatic maneuvers must be initiated and completed at or above the altitude listed in the limitations on the SAC. Non‑aerobatic fly-bys may be performed below the altitude limitation listed on the SAC only before or after the sequence/performance is completed. The performer may not interrupt an aerobatic sequence/performance to perform a non‑aerobatic fly‑by below the altitude restriction.
4)      Upon request of the FAA, civil aircraft pilots must show evidence of performing or practicing their performance(s) within the previous 15 days.

B.     Required Crewmembers. With the exception of stunt persons, the special provisions of an airshow waiver provide that only required crewmembers by aircraft type design be carried on any civil aircraft engaged in an aerial demonstration. For additional persons necessary for safety to be on board a performing civil aircraft, the situation must meet the following conditions and be approved by the IIC:

1)      Each crewmember must be on board to fulfill a definite safety function, such as, but not limited to:
a)      A one-time show site checkout for a qualified pilot who is unfamiliar with the site;
b)      A qualified pilot flying cover for closed course air racing;
c)      A qualified person who is required to operate aircraft systems during normal or emergency conditions in flight; or
d)      A qualified pilot obtaining experience before inclusion as a non‑aerobatic aerial demonstration team member.
2)      Each pilot must be current and have the proper qualifications for the specific make and model of a civil aircraft.
3)      Each pilot must hold a SAC or aerobatic endorsement when occupying a seat of an aircraft with functional dual controls for all three axes and aerobatic flight is conducted.
4)      Each pilot in command (PIC) must hold a non‑aerobatic formation credential when occupying a seat of an aircraft that has functional dual controls for all three axes when in a formation flight and aerobatic flight is not conducted.

C.     Essential Personnel Requirements. Examples of essential personnel as determined by the IIC would include, but are not limited to: Crash, Fire and Rescue personnel, FAA personnel, pole holders, pyrotechnicians, essential support crew, other performers, official photographers or taxiing aircraft associated with the event. Essential personnel must meet the following conditions:

1)      Have a safety briefing including ingress and egress from the aerobatic box;
2)      Wear high visibility clothing that will easily identify them as essential personnel when in the box; and
3)      Official photographers may not exceed the number agreed upon by the responsible person and the IIC to be in the specified areas at one time.

Note:       Essential personnel do not include news media or photographers (other than official photographers) for the event.

D.    Aerobatic Formation Flight. Perform formation aerobatics where the angle of bank exceeds 60 degrees and/or the angle of pitch excess 45 degrees only if the following conditions are met:

1)      The members of the aerobatic team must have performed together in 10 aerobatic performances over the preceding 12 months; or
2)      When the team members have flown less than 10 aerobatic performances in the past 12 months, the team must be able to document 30 aerobatic practice sessions or combination of 30 practice sessions and airshow performances as a team over the preceding 12 months in the performing aircraft type; and
3)      All persons conducting formation aerobatics must have demonstrated or substantiated their skills and have the formation aerobatics notation placed on their SAC.

E.     Non‑Aerobatic Formation Flight. Each civil PIC who wishes to conduct non‑aerobatic formation flybys where the angle of bank does not exceed 60 degrees or 45 degrees of pitch in the airshow display area must meet the following:

1)      Be in possession of an FAA recognized current and valid industry formation flying card.
2)      Attend a briefing given by the flight leader of the proposed flight;
3)      The briefing in subparagraph E2) above must meet the requirements of the industry formation group that issued the formation flying card of the formation flight leader;
4)      The responsible person must provide the IIC a list of the pilots flying in the formation.

Note:       Formation training will not be conducted during the airshow.

F.      Aircraft Eligibility. To be eligible to participate in an aviation event, an aircraft must be in an airworthy condition. The waiver or authorization’s named responsible person is responsible for ensuring that the participating aircraft have the required documentation to show the aircraft is in airworthy condition.

1)      To ensure that the aircraft participating in an aviation event are airworthy, an IIC or his or her representative should examine the general condition of the aircraft and required aircraft documents, and determine if the aircraft has met the specified inspections.
2)      The ASI should use one of the following methods to determine compliance with required inspections:
a)      Review of the aircraft’s maintenance records (logbooks); or
b)      Review of a current and valid form supplied by the owner/operator.

12.  The completed form must be similar to the sample FAA Aircraft Inspection and Status Form (Figure 3‑38).

13.  An appropriately qualified airman who holds a mechanic or repairman certificate or an Inspection Authorization (IA) must sign the form.

14.  The ASI who inspected the aircraft and determined it was airworthy may sign the form.

15.  If an ASI has previously signed off on this form, an aircraft inspection is not required.

3-146      AIRSHOW AIRSPACE REQUIREMENTS. Issue FAA Form 7711‑1 to an event organizer. It specifies a geographic area, both lateral and vertical, where airshow demonstrations are authorized. This area could be quite large (e.g., 10 nautical mile (NM) radius of an airport from the surface up to 18,000 feet mean sea level (MSL) or rather small (e.g., 2 NM radius up to 3,000 feet MSL), depending on the type of airshow demonstration planned. In determining where aerobatics will be performed within the geographic area specified on FAA Form 7711‑2, the event organizer selects a site that will accommodate all the specific types of airshow demonstrations without detracting from safety or creating a hazard to any non‑participants or spectators. It is imperative that all areas adjacent to the airshow site containing homes, factories, major highways, traveled thoroughfares, or any occupied vessel, vehicle, or structure be carefully evaluated before making a final decision for site selection. An environmental review in accordance with the current edition of FAA Order 1050.1 is not required due to the temporary nature of a waiver for an aviation event. You must identify the following applicable items for an airshow:

·        Airshow demonstration area,

·        Show lines,

·        Flying Display Area,

·        500 feet corner markers,

·        Restrictions to ingress/egress routes (noise sensitive areas, obstructions, etc.), and

·        Designated spectator areas.

3-147      MINIMUM SAFETY DISTANCES AND ALTITUDES. This paragraph provides the minimum safety distances, both horizontal and vertical, which must be maintained between aircraft in flight and the primary spectator area, secondary spectator area and occupied buildings during an airshow.

A.     Show Lines. For aerobatic and other flight demonstrations, an aerobatic box and show lines must be established at prescribed minimum distances from the designated spectator areas. The appropriate performers must be able to easily identify these lines.

Table 3‑1A. Minimum Show Line Distance From Spectator Areas, Congested Areas and Occupied Buildings by Aircraft Category

Minimum Show Line Distance from Spectator Areas, Congested Areas and Occupied Buildings

Aircraft Category or Aircraft Type

Demonstration Maneuvers Authorized

1,500 feet

Category I Aircraft

Aerobatic maneuvers

1,000 feet

Category II Aircraft

Aerobatic maneuvers

1,000 feet

Helicopters

Aerobatic maneuvers

500 feet

Category III Aircraft

Aerobatic maneuvers and Flybys

500 feet

Gliders, Hang Gliders, powered paragliders

Aerobatic maneuvers and Flybys

500 feet

Ultralight airplanes and Weight‑shift control aircraft

Aerobatic maneuvers and Flybys

500 feet

Helicopters

Non‑aerobatic maneuvers

500 feet

Category I Aircraft

Flybys

500 feet

Category II Aircraft

Flybys

500 feet

BD‑5J Microjet

Aerobatic maneuvers

100 feet

Powered Parachute Aircraft, Ultralights (paragliders and powered paragliders)

Non‑aerobatic maneuvers

The minimum distances in this table are based upon the following criteria:

a)      For reciprocating engine powered airplanes–true airspeed in straight and level flight at 75 percent power at standard temperature and pressure (15°C/sea level) and maximum certified gross weight.

b)      For turbine engine powered airplanes (does not include the BD‑5J Micro jet),—85 percent of the maximum continuous powered straight and level flight true airspeed at standard temperature, pressure (15°C/sea level), and maximum certified gross weight.

NOTE:   The speeds in paragraphs (a) and (b) above are used for determining assignment to a show line, not the maximum performing speed of the aircraft. See subparagraph 3‑143A10) for Category.

B.     Formation Flight Demonstrations. For formation flight demonstrations, the formation leader must adjust his or her ground track so that the critical aircraft remains the appropriate distance from the designated spectator areas.

C.     Guidelines for Establishing Show Lines and/or Aerobatic Boxes.

1)      Establish show lines prior to establishing the spectator area. If possible, the distance from a crowd line to the closest shoulder of an active runway should be at least 500 feet. This will allow demonstration teams to make formation takeoffs, performers to use the entire runway for ribbon cuts, etc. It is permissible to use a crowd line that is 500 feet from the centerline of the runway in use but requires Category I airplanes to make single ship centerline takeoffs and Category III airplane aerobatics to remain beyond the centerline, not allowing them to use the centerline for alignment during their performances.
2)      Use prominent features such as runway shoulders or centerlines, tree lines, parked vehicles, boats for events over water or other geographical features to establish the show lines.
3)      Prescribed minimums may not be altered to accommodate obstacles that are hazards to performers (antennas, windsocks, tall trees, hangars, etc.).
4)      All show lines must be clearly discernable, to ensure that pilots have adequate visual references throughout their performance.
5)      Show lines for events held at night must be lighted in a manner that ensures the lines are clearly visible and identifiable by the participating pilots.
6)      For military demonstration teams, both the Category I and Category III show lines must be discernible at least 2 miles from show center at an altitude of 200 feet; the Category I show line should be clearly visible from the highest altitude required by the applicable team.
7)      Any turbine engine powered airplane for which bona fide performance data acceptable to the FAA is not available will be required to perform on the Category I show line.

D.    Category I Show Lines. The minimum distance from the spectator area to the show line for Category I aircraft is 1,500 feet or greater (Figure 3‑26 and Figure 3‑26A).

1)      Aerobatic maneuvers for Category I airplanes remain centered on the Category I show line and parallel to the crowd line while in the flying display area. This includes single or multiple airplane maneuvers (Figure 3‑26B).
2)      If the only well defined show line is closer than 1,500 feet to a spectator area, and if it is not possible to move the spectator area, the distance between the Category I show line and the primary spectator area may be reduced from 1,500 feet to a minimum of 1,200 feet. This reduction is authorized solely in the interest of flight safety because a well-defined show line is essential for pilot orientation. Place all artificial show lines at 1,500 feet.
3)      When there is a reduction in the distance from the show line to the primary spectator area, a similar reduction shall not be permitted for the secondary spectator area side of the show.
4)      In no case shall there be less than 2,700 feet between the primary and the secondary spectator areas.
5)      The reduction should be determined by first considering the secondary spectator area side of the show line.

E.     Category II Show Lines. The minimum distance from the spectator area to the show line for Category II aircraft is 1,000 feet or greater. (Figure 3‑26C)

1)      Aerobatic maneuvers for Category II airplanes remain no closer than the Category II show line and parallel to the crowd line while in the flying display area unless the aerobatic box is large enough to contain any aerobatic maneuver. This includes single or multiple airplane maneuvers (Figure 3‑26D).
2)      If the only well-defined show line is closer than 1,000 feet to a spectator area, and if it is not possible to move the spectator area, the distance between the Category II show line and the primary spectator area may be reduced from 1,000 feet to a minimum of 800 feet. This reduction is authorized solely in the interest of flight safety because a well-defined show line is essential for pilot orientation.
3)      When there is a reduction in the distance from the show line to the primary spectator area, a similar reduction shall not be permitted for the secondary spectator area side of the show line.
4)      In no case will there be less than 1,800 feet between the primary and the secondary spectator areas.
5)      Determine the reduction by first considering the secondary spectator area side of the show line.

F.      Category III Show Lines.

1)      The Category III show line will not be closer than 500 feet from the primary or secondary spectator areas.
a)      If there is less than 1,000 feet between the primary and any secondary spectator areas, the site cannot be considered for an airshow waiver.
b)      The width of the flying display area:

12.  If there are less than 1,000 feet between the primary and any secondary spectator areas, the site cannot be considered for an airshow waiver. The width of the aerobatic box must be large enough to contain the aircraft maneuvers and still ensure the safety distances for the spectators. When the flying display is only 1,000 feet between the spectator areas, a single aircraft must fly centered on the 500 feet show line when in the display area. No lateral or turning maneuvers are performed in that area and the aircraft must fly past the spectator areas and make a non‑aerobatic turn to re-enter the aerobatic display area (Figure 3‑27).

13.  For multi‑aircraft demonstrations the flying display area must be wide enough to contain all maneuvers and/or all aircraft where no aircraft or maneuver is closer than 500 feet from a spectator area (Figure 3‑27B and Figure 3‑27C).

14.  For single aircraft performing lateral and/or turning maneuvers the flying display area must be wide enough to contain all maneuvers where the aircraft or maneuver is closer than 500 feet from a spectator area (Figure 3‑27A).

2)      The 500‑foot show line may also be used for flybys. In this case, clearly delineate the Category III show line for high performance aircraft.
3)      For flybys and ingress/egress routes place corner markers on the ground to clearly identify the 500‑foot lateral separation from the primary spectator area and that marker must be visible from 500 feet AGL at 200 knots (Figure 3‑29).

G.    Takeoff and Landing Distances from Spectators.

1)      As listed in Table 3‑2, an aircraft’s performance characteristics will determine the minimum distance required between the spectator area and the takeoff/landing surface. The guidance pertaining to aircraft operations applies to all aircraft operating at an aviation event while the waiver is in effect. These same safety distances are recommended to be applied starting when spectators are allowed into the show site until all spectators have left the show site.

Table 3‑2. Minimum Distance between Spectator Areas, Built‑up Areas or Occupied Buildings and Take‑off/landing Surface

Minimum Distance between Spectator Areas, Built-up areas or Occupied Buildings and Takeoff/Landing Surface

Aircraft Performance Characteristics

100 feet

Powered Parachute Aircraft

200 feet

(1) Airplanes, gyroplanes, and weight-shift control aircraft with reference speed for final approach (Vref) of 60 kts or less and a certificated gross weight of 2500 lbs or less, including ultralights (airplanes, gyroplanes, and weight-shift control) (See Figure 3‑25)

200 feet

(2) Gliders, powered and unpowered paragliders, and hang gliders (See Figure 3‑25)

200 feet

(3) Helicopters—engine start and shutdown and hover taxi in ground effect (See Figure 3‑30)

300 feet

Airplanes and gyroplanes with Vref of more than 60 kts but less than 100 kts and certificated gross weight of 50,000 lbs or less (See Figure 3‑25A)

500 feet

(1) Airplanes and gyroplanes with Vref in excess of 100 kts (See Figure 3‑25B)

500 feet

(2) Airplanes and gyroplanes with a certificated gross weight in excess of 50,000 lbs (See Figure 3‑25B)

500 feet

(3) Airplanes and helicopter conducting excessive, non‑aerobatic maneuvers on takeoff or landing (comedy acts) (See Figure 3‑25B)

500 feet

(4) Helicopter—takeoff and landing (See Figure 3‑30)

The minimum distances in this table for:

a)      Formation takeoff/landing operations, will be measured to the closest runway edge, and

b)      Single aircraft operations conducted on the centerline may be measured to the runway centerline.

 
2)      Takeoffs and Landings—Aerobatic Maneuvers Conducted. When the takeoff runway is separated from the primary or secondary spectator areas by less than 500 feet for Category III, 1,000 feet for Category II, and 1,500 feet for Category I aircraft:
a)      Aerobatics are not permitted over spectator areas or congested areas; or
b)      An aerobatic maneuver may be performed after takeoff when the aircraft has turned away from the spectator area and crossed the appropriate show line. (See Figure 3‑28 and Figure 3‑28A for Category III aircraft example.)
3)      Helicopter Operations. As listed in Table 3‑2, all helicopters must take off and land at a minimum distance of 500 feet from the spectator area during an aviation event and helicopters will not pass over spectator areas at any time, except as provided in subparagraphs 3‑147H and I below, during the departure and arrival. Helicopters must start up and shut down at a minimum distance of 200 feet from the crowd and hover taxi in ground effect or ground taxi at a maximum ground speed of 20 knots ground speed between the takeoff/landing areas and the startup/shutdown area.
4)      Aircraft Towing. Conduct glider, hang glider, and paraglider towing (airplane/automobile) at a minimum distance of 200 feet from the crowd.

H.    Flight over Primary Spectator Area.

1)      Civilian and Military Aircraft. Flight over the primary spectator area is permitted when at or above 1,000 feet above the spectators.
2)      Military Jet Demonstration Teams. When authorized by AFS-800, military demonstration teams are permitted to fly at a minimum altitude of 500 feet over the primary spectator area if:
a)      Flight is non‑maneuvering and straight and level or wings level in a normal climb; and
b)      The direction of flight is in one direction only—back to front or front to back.

I.       Flight Over Secondary Spectator Areas. The responsible person will make every effort to discourage secondary spectator areas. Secondary spectator areas cannot be under the aerobatic maneuver area. Flight over the secondary spectator area is permitted by all civilian and military airshow performers when the following conditions are met:

1)      Minimum altitude must be no lower than 500 feet above the spectators; and,
2)      Until the aircraft reaches an altitude of 500 feet, flight will be non‑maneuvering and wings level in a normal climb.

J.      Flyby. A flyby can be performed by a single aircraft, by aircraft in formation, or by aircraft in trail.

1)      No abrupt maneuvers between the corner markers may be performed along the 500 feet show line by Category I or II airplanes,
2)      Conduct a flyby along show lines at a minimum horizontal distance of not less than 500 feet from primary spectator areas, secondary spectator areas, congested areas, or occupied buildings; and in accordance with the following conditions:
a)      By Category I or II airplanes—no lower than 100 feet AGL when less than 1,000 feet from a designated spectator area, unless the pilot possesses a current surface level SAC card for the make and model of airplane being flown;
b)      By all airplanes—using a bank angle of no more than 75 degrees, a pitch angle of no more than 60 degrees, and a maximum indicated airspeed of no more than 300 knots, regardless of the show line category;
c)      By formation flights, no lower than 200 feet AGL, using a bank angle of no more than 60 degrees, a pitch angle of no more than 45 degrees and a maximum indicated airspeed of no more than 250 knots, regardless of the show line category.
3)      Corner markers must be highly visible landmarks or contrasting markers easily visible from 200 feet AGL at 200 KIAS that identify the crowd line 500‑foot lateral separation (corner) points left and right of the primary spectator area (see Figure 3‑29).

Note:       Per § 91.117(d), if the minimum safe airspeed for any particular operation is greater than the maximum speed required by § 91.117(a through c), the aircraft may be operated at that speed.

K.    Airshow Maneuvers Toward Primary Spectator Area. The categories for airshow maneuvers towards the primary spectator area are as follows:

·        Unacceptable level of risk—prohibited.

·        Acceptable level of risk—no approval required.

·        Acceptable level of risk—approval required.

1)      Prohibited Maneuvers. Aerobatic maneuvers conducted inside the aerobatic box that in the event of a catastrophic failure a part of the aircraft would contact the surface at or inside the primary spectator area between the corner markers are prohibited.
2)      Permitted Maneuvers—No Approval Required. The following maneuvers are permitted without any additional approval:
a)      Aerobatic maneuvers in which the aircraft, but not the actual energy vector, is momentarily pointed towards the primary spectator area (e.g., hammerhead turns, spins, tail slides, torque rolls, and lomcevaks).
b)      High energy maneuvers such as minimum radius turns (maximum of 90 degrees of bank) by single aircraft on the appropriate show line for the aircraft category in accordance with the following (see Figure 3‑30A):

12.  Category III aircraft—maximum altitude of 250 feet,

13.  Category II aircraft—maximum altitude of 300 feet, and

14.  Category I aircraft—maximum altitude of 500 feet.

c)      Non‑aerobatic maneuvers by a single aircraft with an energy vector directed towards the primary spectator area provided the aircraft remains beyond the appropriate reference line for their show line category ( i.e., 500 feet for Category III; 1,000 feet for Category II, 1,500 for Category I) (see Figure 3‑28B).
d)      Flight over the spectator areas in accordance with subparagraphs 3‑147H and 3‑147I.
e)      Repositioning turns in accordance with subparagraph 3‑147L.
3)      Permitted Maneuver—Approval Required. The following maneuvers are prohibited unless approved in accordance with paragraph 3‑149, FAA AFS‑800 Maneuver Packages Approval Process:
a)      Aerobatic maneuvers which direct an energy vector toward the primary spectator at any point, other than those described in subparagraph 3‑147L1), which are prohibited; and
b)      Non‑aerobatic maneuvers by multiple aircraft or aircraft in formation with an energy vector directed towards the primary spectator area.
c)      Aerobatic 360 degree turns with an energy vector directed towards the primary spectator area:

12.  For single aircraft that exceed the requirements of paragraph 2)b) above; or

13.  For multiple aircraft.

L.     Repositioning Turns.

1)      Return to the Flying Display Area/Aerobatic Box. Conduct repositioning turns that may have an energy vector directed towards the primary spectator area made for the purposes of returning to the flying display area or aerobatic box to realign with the appropriate category aircraft show line as follows:
a)      Civilian performers.

12.  Holders of a SAC card and flying Category III or Category I and Category II ex‑military fighters are permitted to perform repositioning turns using a maximum of 120 degrees of bank and 90 degrees of pitch when above 500 feet AGL and not over designated spectator areas or congested areas.

13.  Holders of an endorsement for pitch and bank angles up to 90 degrees are permitted to perform repositioning turns to those limits above 500 feet AGL when not over designated spectator areas or congested areas.

b)      Military jet demonstration teams and single ship demonstration teams.

12.  Military demonstration teams with accepted maneuvers packages are permitted to exceed a maximum of 120 degrees of bank and 90 degrees of pitch; and

13.  Pitch and bank angles must not exceed standard operating procedures prescribed for the specific aircraft; and

14.  Inverted flight is not authorized below 1,500 feet AGL and not over congested areas or spectator areas.

2)      Inside the Flying Display Area/Aerobatic Box. When it is not practical to leave the flying display area or aerobatic box in between segments of a flight demonstration, repositioning turns that have an energy vector directed towards the primary spectator area and are made for the sole purpose of remaining in the flying display area and realigning with the appropriate Category show line are permitted in accordance with the following:
a)      Holders of a SAC card or an endorsement for pitch and bank angles up to 90 degrees are permitted to perform repositioning turns and/ or clearing turns to a maximum 90 degree bank;
b)      The turns are carried out without abrupt control inputs during the portion of the turn when the aircraft is directing energy at the crowd; and
c)      The turns are conducted in a manner to ensure the aircraft remains beyond the appropriate distance for their show line category (i.e., 500 feet for Category III; 1,000 feet for Category II, 1,500 feet for Category I).

M.  Night, Civil Twilight, and Airborne Pyrotechnic Demonstrations Authorization. Aerobatic performers may request authorization to conduct aerial demonstrations at night (after civil twilight). The demonstrations are typically conducted with pyrotechnic devices attached to the wings. Other demonstrations use numerous landings lights, strobe lights, or smoke. Conduct these demonstrations no lower than 500 feet and no higher than 5,000 feet AGL. Jet aircraft performers may request a higher ceiling requirement. Inspectors can accommodate such requests by ensuring that the following have been accomplished:

·        The pyrotechnic or light installations are appropriately documented in the aircraft’s maintenance records.

·        The requirements in subparagraph 3‑147N below are met.

N.    Night and Twilight Event Special Provisions. As appropriate, include the applicable special provisions in addition to the special provisions in paragraph 3‑155 of this section for events conducted after local sunset.

1)      Confine aerobatic demonstrations at night to 1 NM on either side of the show center along a well‑defined, lighted show line.
2)      Confine aerobatic demonstrations to altitudes above 500 feet AGL and below 5,000 feet AGL after official sunset.
3)      The minimum weather conditions at night require a cloud base no lower than 2,500 feet and 3 statute miles visibility. Section 91.155 will not be waived for any flight conducted between sunset and sunrise.
4)      Aircraft position lights must be operating from sunset to sunrise except while pyrotechnics on the aircraft are illuminated unless § 91.209 is waived. Waive § 91.209 only if the flight is conducted totally within Class B, C, D or TFR airspace.
5)      When pyrotechnics are illuminated, operations over persons are prohibited at any altitude.

O.    Passenger and Emergency Helicopter Operations. During some aviation events, helicopters take passengers for rides or serve as emergency vehicles. The responsible person, in conjunction with the helicopter operator, will establish a comprehensive operation plan, to include egress and ingress routes that do not overfly spectator areas at low altitudes and will not interfere with performers or other operations conducted during the event. This plan will be briefed at the performers’ briefing. The following guidelines will be adhered to:

1)      Startup and shutdown areas for helicopters will be:
a)      Located at a minimum distance of 200 feet from the crowd or passenger waiting areas.
b)      Protected by appropriate barriers and/or crowd control to prevent unauthorized persons from entering these areas.
c)      Located to prevent the helicopter from passing over spectators during takeoff or landing.
2)      Pilots must receive the performer’s briefings by the same briefer unless relief is granted by the IIC for a different briefer to give the briefing due to remoteness of helicopter operations in reference to the event (attendance at the performer’s briefing is highly recommended).
3)      Refueling procedures for operations conducted during the event hours must be approved by the IIC.

Note:       Helicopter operations will not be permitted during military demonstration team performances, or parachuting operations. The IIC may permit helicopter operations during parachuting operations if the operations are distant enough from the parachuting landing area to not be a safety hazard (e.g., Air Venture at Oshkosh, where the helicopter operations are at a separate location from the main airfield).

P.      Helicopter Demonstrations.

1)      Helicopter Acts Involving External Load Operations. Airshow acts that are considered Class B, C, or D external‑load operations, will not be conducted over persons on the surface unless those persons are part of the act and must be conducted in accordance with 14 CFR part 133 and the provisions of the waiver. Military helicopters need not comply with part 133 but must comply with the provisions of the waiver.
2)      Helicopters may perform aerobatic maneuvers no closer than 1,000 feet horizontally from designated spectator areas.
3)      Helicopters performing aerobatic maneuvers must have a valid and current special airworthiness or experimental certificate issued in the Experimental Category for the purpose of exhibition. Nothing contained in these special provisions of the waiver should be contrary to any operating or special limitation issued as a part of that special airworthiness or experimental certificate.
4)      Helicopters may not perform non‑aerobatic abrupt maneuvers closer than 500 feet horizontally from a spectator area.
5)      Helicopter performers are limited to the aerobatic maneuvers as listed on their SAC card.

Q.    Air Carrier Aircraft Demonstrations. Flight demonstrations may be conducted at an airshow under the provisions of a waiver by any certificated air carrier with a large (more than 12,500 lb gross takeoff weight (GTOW)) aircraft listed on that certificate. When an air carrier operating this large aircraft requests authorization to conduct a flight demonstration at an airshow, the IIC will require the following:

1)      The air carrier will develop a performance package that describes in detail the entire flight profile. The performance package will specifically address the make and model of the aircraft and take into consideration any specific flight safety conditions of that aircraft.
2)      A waiver provision should be developed with the following limitations:

·        Minimum altitude—200 feet AGL,

·        Maximum bank—30 degrees,

·        Maximum speed—300 knots, and

·        Minimum speed—Vref for the configuration and weight of the aircraft, or as required for the go‑around sequence on touch‑and‑go landings should be permitted only when the carrier has addressed the crew procedures, the runway requirements, and the abort procedure in sufficient detail.

3)      Coordination with the air carrier’s principal operations inspector (POI) is necessary before approval by the IIC.
4)      Any maneuvers not in the air carrier’s training program must be practiced before the demonstration. This practice may be in an approved simulator that represents the make and model of the demonstrated aircraft.

R.    Ultralight Vehicle Demonstrations. An ultralight vehicle is only a single place vehicle and must meet the applicability of 14 CFR part 103, § 103.1 and operate as an ultralight vehicle under part 103. The FAA does not require certification of ultralight vehicle operators meeting the provisions of § 103.1.

1)      Aerobatic flight demonstrations by ultralight vehicles should be included on a certificate of waiver or authorization, with appropriate special provisions. The applicant must provide the issuing office with a statement of determination that the vehicle meets the requirements of § 103.1 or authorized under an exemption to part 103, and the operator is able to conduct the proposed demonstration without creating a hazard to persons and property on the surface. The statement should contain a summary of how the determination was made. The IIC determines if the statement is suitable. The IIC may require a demonstration prior to making a determination. For additional support, contact AFS‑800.
2)      Ultralight vehicles must meet the same separation standards as conventional aircraft with a level flight cruise speed of less than 156 knots using 75 percent power (Category III), with the exception of powered parachutes.
3)      Wing walking acts using ultralight vehicles are not authorized for operation as an ultralight vehicle operated in accordance with part 103. Only certificated aircraft may be used for this type operation.
4)      Pilots may not receive compensation for participation at aviation events because ultralight vehicles may not be operated for compensation or hire.

S.      Experimental Amateur‑built and Exhibition Aircraft. The aircraft can be flown acrobatically if it is airworthy and not prohibited from aerobatic flight. The performer must provide to the IIC documentation of the aerobatic maneuvers authorized in accordance with the aircraft operating limitations. The IIC should consult with the airworthiness inspector regarding suitability.

T.     Wing Walking and Specialty/Trapeze Acts. Wing walking acts may be approved when the performers have safely demonstrated the act in an aerobatic competency evaluation. Section 91.107(a)(2) and (3) may need to be waived for stunt persons only. All helicopter trapeze acts must comply with the applicable requirements of part 133 concerning helicopter external load combination Class B or D operations. Avoid overflight of the designated spectator areas for these acts.

U.     Ground‑based Pyrotechnics. As appropriate, in addition to the applicable airshow special provisions listed on the FAA Internet site at http://www.faa.gov/about/initiatives/airshow/waiver/ and on the FAA employee’s Intranet site at https://intranet.faa.gov/faaemployees/org/linebusiness/avs/offices/afs/programs/airshows/tora/index.cfm, include the pyrotechnics special provisions and checklist (see Figure 3‑39) for events that will use ground‑based pyrotechnics, if the ground‑based pyrotechnics will be installed and/or detonated anywhere on the airport surface.

V.     Glider Operations. The following criteria apply only to glider operations.

1)      Motorized and non‑motorized gliders fall into the Category III aircraft group. Category III aerobatic box and performance distances apply.
2)      Unless obstructions are present that would make a taxiway takeoff unsafe, it should be permitted with a minimum distance of 200 feet from the primary spectator area (see Figure 3‑25). This distance may be reduced to 150 feet if the takeoff path is at an angle of at least 10 degrees away from the spectators.
3)      Landings may be approved on the taxiway used for the takeoff as long as there are no obstructions or adverse wind conditions that would create a hazard to the spectators. If the landing approach requires a low altitude turn over the spectators, landing on a taxiway is not permitted. After landing, the aircraft must come to a full stop at least 50 feet from spectators.

W.   Agricultural Aircraft Demonstration. In addition to the applicable airshow special provisions listed on the above mentioned Web sites, include the appropriate agricultural aircraft special provisions for events that have agricultural aircraft aerobatic demonstrations.

X.     Ingress and Egress Routes Into and Out of the Flying Display Area.

1)      All Civil and Military Aircraft. For flight over congested (built‑up) areas adjacent to flying display areas:
a)      Section 91.119(a) will not be waived for aerial demonstration purposes. Section 91.119(a) requires that all pilots must always operate an aircraft at an altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface, except when necessary for takeoff or landing; and
b)      Aerobatic maneuvers are prohibited.
2)      All Civil and Military Aircraft (Except for Sanctioned Military Demonstration Teams). For flight over congested (built‑up) areas adjacent to the flying display area:
a)      Minimum Altitude. At least 1,000 feet above the highest obstacle within a radius of 500 feet from the aircraft;
b)      Ingress from Adjacent Congested Areas (Built‑up Areas) to Flying Display Area. Aircraft entering a flying display area from over a congested (built‑up) area are permitted to leave the minimum altitude specified above in subparagraph 3‑147X2)a) to complete a smooth transition to the performance altitude on the flight line; however, the angle of descent should not be lower than a normal approach for that aircraft type (i.e., steeper than normal approaches are permitted).
c)      Egress from Flying Display Areas to Adjacent Congested (Built‑up) Areas. Aircraft exiting a flying display area to a congested (built‑up) area should climb at a rate consistent with the safe operation or best pitch attitude for that aircraft type. If extended flight over the built‑up area is expected, compliance with the minimum altitude specified above in subparagraph 3‑147X2)a) is required (see Figure 3‑31).

Y.     Compensation at Airshows.

1)      To receive any type of compensation (fuel, oil, lodging, rental cars, etc.), for flight activities at an airshow, an airman must have a commercial pilot certificate and second‑class medical certificate. The aircraft must be certificated for operations that allow compensation or hire. Additionally, if passengers or property are carried for compensation or hire, the aircraft must be certificated to allow for those types of operations.
2)      In accordance with part 91, § 91.319, all experimental aircraft are prohibited from conducting operations for compensation or hire while carrying passengers and/or property operations. Experimental aircraft may be authorized to be operated for compensation or hire without any passengers or property on board.
3)      IICs should conduct an investigation when they become aware of any performers who may only hold a private pilot certificate and appear to be receiving compensation while performing or giving rides.
4)      Additionally, all FAA inspectors conducting surveillance should be vigilant in monitoring activities that involve passenger rides at an aviation event. They should conduct an investigation when they become aware of operations conducted in an aircraft or by a pilot who may be operating contrary to regulations.

3-148      MILITARY PERFORMANCES.

A.     General. The guidelines in this paragraph apply to military aircraft, military pilots, and parachute teams specifically designated to perform missions for the U.S. DOD and the Canadian DND.

1)      Only the Aviation Liaison Officer in the Office of the Assistant Secretary of Defense for Public Affairs can sanction a U.S. DOD team
2)      Canadian DND Sanctioned Military Teams. The Canadian DND‑sanctioned military teams are the Canadian Forces Snowbirds, the Canadian Forces CF‑18 Demo Special Events, and Sky Hawks. Their contact information is listed on http://www.faa.gov/about/initiatives/airshow/military.
3)      The DOD‑sanctioned single ship military demonstration teams are not exempt from any regulation or policy that is used in issuing a waiver unless specifically stated in their FAA‑accepted command guidance. Fly these aircraft in accordance with these guidance documents (see paragraph 3‑148C below).
4)      FAA headquarters does not issue any blanket special approvals, authorizations, waivers, or blanket exemptions that would pertain to all military airshow performances. The sanctioned North American Jet Demonstration teams have maneuver packages that are approved each year and pertain only to the team for whom it was approved.
5)      Forward any outside complaints received by the FAA as a result of the aerial demonstration to the designated military representative for disposition. Direct any questions by FAA representatives involving a military team to the appropriate team.
6)      Enforcement action against any military team or performer will be conducted according to current FAA policy (see the current edition of FAA Order 2150.3, Compliance and Enforcement Program). When enforcement action is initiated, the IIC must notify the national airshow coordinator through the regional airshow coordinator.
7)      All accidents and incidents must be reported to the national airshow coordinator by the IIC through the regional airshow coordinator.

B.     Sanctioned Military Jet Demonstration Teams. This title pertains only to The Blue Angels, The Thunderbirds and the Snowbirds. A list containing their contact information is available at http://www.faa.gov/about/initiatives/airshow/military.

1)      The sanctioned military jet demonstration teams provide AFS‑800 with command‑approved maneuvers packages for approval. See paragraph 3‑149 for the approval/acceptance process.
2)      These teams normally will conduct preseason meetings with the airshow event organizer and jurisdictional FAA offices. These meetings will usually occur in the winter months before the start of the airshow season. Participation in these meetings is mandatory for the jurisdictional FSDO. It is incumbent upon the event organizer to notify the appropriate FSDO in ample time to send a representative to the meeting. The FSDO will notify the regional airshow coordinator of the meeting. It is imperative to review site suitability in detail with the event organizer and military jet demonstration team representative at this meeting. This will include, but is not limited to, the placement of the aerobatic box and impact on the nonparticipating public on the surface under this box, review of proposed ingress/egress routes that will require FAA approval and any impact on scheduled air carrier operations.
3)      Coordinate any change to an FAA maneuvers package or the addition or removal of a pilot authorized to fly under the prescribed maneuvers package with the national airshow coordinator as soon as possible. These changes are not authorized until accepted or approved by AFS‑800 and the national airshow coordinator.
4)      Military jet demonstration teams and military Single ship Demonstration teams may conduct an arrival demonstration. This normally consists of several passes for visual familiarity with existing landmarks and maneuvers practice using these landmarks. Coordinate details of the arrival demonstration in advance. For the military demonstration teams, this should be accomplished at the preseason meeting.
a)      The arrival demonstration must be previously approved and meet all FAA regulations and requirements as stated in the waiver and special provisions. The main difference between the arrival demonstration and a regular demonstration is that the normal size crowd is not present, which may preclude the need for crowd control.
b)      The teams often ask to have the team advance coordinator or operations officer accept the arrival demonstration briefing and relay all necessary information to the team. The IIC should allow this if the team representative is a rated aviator or a nonrated officer serving with the team. Briefings with the team representative must be completed before the team’s arrival at the demonstration site. It is mandatory that the IIC or IIC’s representative is present at this briefing.
5)      The sanctioned military jet demonstration teams have FAA‑approved maneuvers packages. The maneuvers packages describe each demonstration maneuver in detail and specify ingress/egress routes. Flight over congested (built up) areas adjacent to flying display areas (ingress and egress) must be carried out as follows:
a)      They are authorized to fly nonaerobatic at 500 feet above obstacles and/or occupied buildings when within 3 NM of show center.
b)      The opposing solos are permitted to descend below 500 feet AGL in the transition area over occupied buildings in a wings level shallow descent to arrive at 200 feet AGL before reaching 1 NM from show center.
c)      On a case‑by‑case basis, where it is deemed a safe transition to the next maneuver, the IIC will grant a waiver to the sanctioned military jet demonstration teams permitting them to fly as low as 200 feet above the highest obstacle within a 500‑foot horizontal radius along specified ingress/egress routes within 3 NM from show center, provided the following conditions are met:

12.  A request is sent or given to the IIC by an authorized team member for each show site.

13.  The results of a completed onsite survey conducted during the current airshow season by a representative of the military demonstration team.

14.  A current aerial photograph or topographical chart depicting the Category I show line, aerobatic box required for the approved maneuvers package, and ingress/egress routes.

15.  Depict ingress/egress routes on a 1:24,000 scale map (or its equivalent) indicating the minimum altitudes requested, the 500‑foot lateral distance of the end of the primary spectator area, and any other secondary open‑air assemblies of persons.

d)      Flight is never authorized below 500 feet:

12.  Over occupied buildings outside of the transition area;

13.  Within 500 feet laterally of open‑air assemblies of persons; and

14.  Aerobatic flight is not permitted outside of the aerobatic box (except as authorized as stated above).

C.     Sanctioned Military Single Ship Demonstration Teams—Military Single‑Ship Demonstrations. The military single ship demonstration teams are the sanctioned North American military specialized teams that demonstrate the capabilities of one particular aircraft; (e.g., the USAF A-10, F‑15, F‑16, and F-22 single ship demonstration teams); the USN F‑18 single ship demonstration teams; and Canada’s DND single ship demonstration teams. The applicable branch of the military must develop guidance and/or maneuver packages, which define the aerobatic routine to be performed at aviation events (see paragraph 3‑149).

D.    Other U.S. Military Demonstration Teams. Other U.S. military demonstration teams include the USAF Heritage Flights and the U.S. Navy Tailhook Legacy Flights. These flights may include a victory roll at the end of their performance and is the only aerobatic maneuver authorized but is not authorized over spectator areas or occupied buildings and must conform to military guidance or meet civilian requirements as appropriate. Various other military aircraft may be authorized for flybys, simulated in-flight refueling demonstration, simulated assault or rescue operation or other non‑aerobatic operations or static displays.

E.     Other Foreign Military Demonstration Teams. Other foreign military flight demonstration teams single and multi‑aircraft, must submit a maneuvers package to AFS‑800 to ensure compliance with FAA guidance. See paragraph 3‑149 for the approval process.

F.      Military Parachuting Demonstration Teams.

1)      Sanctioned Military Parachuting Teams. The sanctioned military demonstration teams are the U.S. Army Golden Knights, U.S. Navy Leap Frogs and the Canadian DND Skyhawks. The sanctioned military parachute teams are considered to have met the highest level of parachuting certification. The team members need not be listed on an application for a FAA Parachuting Authorization application, FAA Form 7711-2. The sponsor or responsible person may make the application for a sanctioned team.
2)      Non‑sanctioned Military Parachuting Teams. Non‑sanctioned military teams are not performing any demonstrations for the DOD or DND, therefore must meet all the same requirements as any civilian team.

G.    DD Form 2535 (military participation). The DOD requires the event organizer, or a designated representative, to complete DD Form 2535 when requesting a U.S. military aerial demonstration team on or off a military installation. The event organizer or representative must forward the form to the appropriate FSDO. The event organizer must allow for a 30‑day review period. The FSDO completes Section IV, FAA Coordination (Airspace Coordination). Classify the proposed site requiring a waiver as satisfactory, conditional‑satisfactory, or unsatisfactory during an FAA inspector conducted site feasibility study. The USAF is using an automated DD Form 2535 and the applicant can only obtain it by accessing their Web site: http://www.acc.af.mil/aerialevents.

·        A satisfactory classification indicates that a waiver is not required or can be issued following compliance with other stated requirements.

·        A conditional‑satisfactory classification will include specific conditions that need to be met, such as closing roads, evacuating buildings, etc., and special consideration for the military demonstration teams’ ingress and egress routes.

·        An unsatisfactory classification indicates that the requested activity cannot be performed safely at the proposed site, and a waiver will not be issued.

1)      Generally, the standard aerobatic box for the Blue Angels and Thunderbirds is 12,000 feet by 3,000 feet. The Snowbirds usually request 8,000 feet by 3,000 feet. For a single ship demonstration team, the standard aerobatic box is 6,000 feet by 3,000 feet. The support manuals and some maneuvers packages will indicate the size of the required airspace.
2)      Military Flybys (Other than an Aviation Event). DD Form 2535 for a flyover or flyby at civic events, funerals, etc., are submitted to the local FSDO for FAA coordination. Other than the three sanctioned North American Jet Demonstration teams, the flybys should be accomplished at 1,000 feet above the highest obstacle within 2,000 feet horizontal from the flight path.
a)      If no regulations are being waived:

12.  No site evaluation is necessary.

13.  Contact the AT facility with jurisdiction for the air space being used for coordination and enter the AT contact information in block 18 of Section IV.

14.  Check the appropriate boxes (a through g) in block 16.

15.  Check the appropriate box in block 17. If other that satisfactory, enter the conditions for “Conditionally Satisfactory” or reason(s) for “Unsatisfactory” in block 18.

b)      If a waiver of one or both of the following regulations is require:

12.  If the speed requested is above those authorized in § 91.117

13.  If one of the sanctioned military jet demonstration teams is requesting a flyover below 1,000 feet above the highest obstacle 2,000 feet either side of their flight path as required in § 91.119.

14.  If a waiver of § 91.119 is issued to one of the sanctioned military jet teams, the follow conditions must be met:

a.       A site suitability must be conducted including ingress and egress routes,

b.      Flight below 500 feet above the highest obstacle 1,000 feet either side of the intended flight path is not authorized, and

c.       Indicates new/changed information.Only shallow turns, climbs and descents are authorized below 1,000 feet AGL.

15.  In addition the following coordination requirements must be met:

a.       Conduct a briefing between the PIC and ASI before the flyby.

b.      Compliance with all other rules of part 91 is required.

3-149      FAA AFS-800 Maneuvers Packages Approval Process.

A.     North American and Foreign Military Flight Demonstration Teams. North American and Foreign Military flight demonstration teams, single-ship demonstration teams, and mixed military and civilian formation demonstrations who conduct public performances in the United States require FAA acceptance of their command-approved maneuvers package or accepted aerial demonstration guidance by AFS‑800. Some of the maneuvers described in these packages may not conform to all guidance requirements in Volume 3, Chapter 6 (e.g., airspeed, altitude over primary spectator area, etc.) and therefore require FAA acceptance of their maneuvers package (see paragraph 3‑148 above).

B.     Civilian Performers. Civilian performers requesting approval for one or more maneuvers described in subparagraph 3‑147K) or relief from one or more requirements listed in this chapter require FAA acceptance and must make an application as follows:

1)      The applicant must fill out an applicant to include (applicants that are applying for relief from a requirement and not an approval of a maneuver need only comply with a and b below and send request to address listed in subparagraph 3) below):
a)      Indicates new/changed information.A copy of the performer’s SAC (FAA Form 8710‑7 or Transport Canada Form 26‑0307);
b)      A detailed description of the maneuver(s) requiring approval or relief;
c)      A pictorial display (e.g., ribbon drawing) of the maneuver(s) including the sequence in which the maneuver(s) will be flown;
d)      The entry and exit airspeed and altitude for the requested maneuver;
e)      The airspace required to complete the maneuver(s) requiring approval to include lateral, horizontal and vertical distances;
f)        A computation of turn radius, scatter radius and safety radius from the closest points to the primary spectator area of the maneuver(s) needing approval using the formulas listed in subparagraph 3‑151 noting the airspeed, altitude and G forces used in the computations; and
g)      An evaluation from an ICAS or EAA aerobatic competency evaluator verifying the following.

12.  The maneuver has been demonstrated,

13.  It can be performed competently with regularity,

14.  It has been demonstrated by the applicant to be within the airspace described in 4 above, and

15.  It does not meet the definition of a Prohibited Maneuver as described in subparagraph 3‑147K1).

2)      Upon completion, the aerobatic competency examiner will forward the application and evaluation results to: ICAS Safety Committee Chairman, 750 Miller Drive, S.E., Suite F‑4 F‑3, Leesburg, Virginia 20175.
3)      Upon receipt, the Safety Committee will review the application and documentation. Within 15 working days of receipt, the Safety Committee Chairman will forward the application package with comments to: FAA Headquarters, AFS‑800, 800 Independence Avenue, SW, Washington, D.C. 20591.
4)      AFS‑800 will notify the applicant of the results within 30 days of receiving the application package from the ICAS Safety Committee Chairman.

C.     Evaluation Process. An evaluation is required to assure an equivalent level of safety for spectators in case of an incident involving the aircraft. AFS‑800 and the National Air Show Coordinator will decide what the appropriate evaluation requires. This will depend on the requested maneuver(s) and completeness of the application. The review may include but not limited to a safety committee of subject matter experts as determined by AFS‑800.

1)      The following criteria will be used to evaluate maneuvers for compliance:
a)      Aerobatic maneuvers which direct an energy vector toward the primary spectator at any point, other than those described in subparagraph 3‑147K1), which are prohibited.
b)      Non‑aerobatic maneuvers by multiple aircraft or aircraft in formation with an energy vector directed towards the primary spectator area.
c)      360 degree turns with an energy vector directed towards the primary spectator area:

12.  For single aircraft that exceed the requirements of subparagraph 3‑147K2)(b) above; or

13.  For multiple aircraft.

2)      Below is an outline of the FAA acceptance process:
a)      Military Flight Demonstration Individual Pilots or Teams planning to perform an aerobatic demonstration in the United States must submit an application package that contains the following requirements:

12.  A complete copy of their maneuvers package must be furnished to AFS‑800, National Air Show Coordinator, and;

13.  The maneuvers package (electronic format is required) will consist of profiles that must contain the following:

·        A ribbon pictorial (or equivalent) of all maneuvers in the performance,

·        Minimum and maximum operating altitudes,

·        Distances from the designated spectator area, and

·        Relationship of the aircraft to the show line.

14.  Minimum weather requirements for the performance and profiles for a high and low show if that option is available.

15.  The size and dimensions of the following airspace required to conduct the performance: flying display area, aerobatic box, and ingress/egress routes.

16.  A proposed date for a private demonstration/review by the National Air Show Coordinator.

b)      Military teams must also submit a letter from the commanding officer authorizing this military team. The letter must include:

·        A team roster, including the address and telephone number of the commanding officer of the military organization;

·        The military orders describing the requirements for training and the conduct of the operation; and

·        A list of the aircraft used in the demonstration and a description on how to conduct flight demonstrations in the United States.

c)      For all civilian teams or individuals requesting a maneuvers package approval for relief from one or more requirements in this guidance will submit a letter of request. The letter must include:

·        A team roster, including the address, telephone number, fax number and e‑mail address of the point of contact (POC).

·        If foreign, a list of the aircraft used in the demonstration and a description of how they intend to conduct flight demonstrations in the United States.

·        If requesting an approval for a maneuver not meeting the description in subparagraph 3‑147K2) (acceptable maneuvers) then submit an application in accordance with subparagraph 3‑149B above.

d)      Final acceptance of approved maneuvers. The national airshow coordinator will coordinate any necessary changes with the applicant. Changes may also be coordinated with an appropriate committee selected by AFS‑800.

3-150      PARACHUTE DEMONSTRATIONS. Although many airshow activities may require waivers, parachuting or skydiving demonstration jumps do not. As provided in part 105, some of these jumps require a certificate of authorization. FAA Form 7711‑2 is the application for authorizations parachute jumps.

A.     Parachutists Not Associated with the USPA. Parachutists who are not members of the USPA and who wish to participate in a demonstration or exhibition jump over or into a congested area, must present satisfactory evidence of the experience, knowledge, and skill equivalent to that required by the USPA. Although the majority of contacts with the parachutists are made by operations inspectors, questions concerning parachute riggers, airworthiness, or engineering should be referred to the Aircraft Maintenance Division (AFS‑300) and/or the Aircraft Certification Service, Rotorcraft Directorate’s Special Certification Office (ASW‑190) for resolution. In some cases, the local USPA area safety and training advisor may be able to answer safety questions regarding the jump and landing area. Contact the USPA for assistance in locating a USPA area safety and training advisor in your area.

1)      If the applicant is unable to provide adequate information about the event or jumper’s qualifications, inspectors may require a demonstration jump (not over a congested area) before approving an authorization.
2)      The FAA authorized the USPA to adopt its own safety rules and licensing standards for parachutists, instructors, and jumpmasters. Additionally, the USPA has pledged to implement a policy of self‑policing so that conflicts with other airspace users are avoided and a high level of safety is maintained. Toward this goal of assisting the FAA, the USPA has supplied every FSDO with a brochure of its rules and safety programs and has offered assistance any time the FAA has encountered problems with a particular club or has questions regarding parachuting.
3)      Airborne demonstrations, other than those performed by the DOD, must have an approval letter from AFS‑800 containing the conditions for these demonstrations if the equipment, opening altitude and jump experience does not meet the requirements found in this paragraph.

B.     Safety. Title 14 CFR part 105 states rules designed to protect the general public and other users of the national airspace from sport parachuting activities.

1)      When a parachute jump is conducted over or into a congested area, a certificate of authorization is required.
2)      An open‑air assembly of persons usually occupies a relatively small area. Therefore, it should not be a problem to avoid these areas during an exit. The primary purpose of an exit limitation over an open‑air assembly is to provide a higher level of safety under the remote possibility that a jumper would be unable to deploy one of two parachutes.

C.     Certificate of Authorization (FAA Form 7711-1). Section 105.21 includes rules applicable to jumps over or into congested areas or open‑air assemblies of persons. Any jump over or into a congested area requires FAA Form 7711‑1. Section 105.15(a) (1 through 7) lists the information required when applying for a Certificate of Authorization.

1)      The drift‑over provision of § 105.21 permits a jumper to exit an aircraft over areas other than a congested area and, with a fully deployed parachute, drift over a congested area or open‑air assembly of persons, and then land in an open area. Under these circumstances a certificate of authorization is not required. However, the drift‑over provision does not permit any jump that results in a landing into a congested area or open‑air assembly of persons unless the parachutists have obtained a certificate of authorization.
2)      Operations inspectors reviewing applications for authorizations to jump into congested areas or controlled airspace should look for any indication that these jumps involve special stunts or more participants than the aircraft type certificate allows. When in doubt, coordinate with the FSDO airworthiness unit. Further information about congested areas can be found in Volume 3, Chapter 51, Section 6, Evaluate a Part 133 Congested Area Plan, paragraph 3‑4203; and Volume 3, Chapter 52, Section 2, Evaluate a Part 137 Congested Area Operations Plan, paragraph 3‑4258.

D.    Parachutist’s License and Recent Experience. The competence of parachutists is extremely important when evaluating the suitability of a landing site.

1)      Open field and Level I landing areas require a current USPA class C or D license (or equivalent), a minimum of 200 jumps, of which 50 jumps were within the last 12 months to include 5 jumps within the previous 60 days on the same make and model canopy to be used for the demonstration.
2)      Level II and stadium landing areas require a class D license with a pro rating (or equivalent), and 50 jumps within the last 12 months to include 5 jumps in the previous 60 days on the same make and model canopy.
3)      USPA issues the PRO rating with an expiration date that coincides with the expiration date of the holder’s USPA membership. USPA members are renewed on the basis of continued demonstration of the original certification requirements. USPA original certification requirements are memberships in USPA, a USPA class D license, and the accomplishment of 10 successive jumps into a 10‑meter (33 feet) diameter target area in accordance with the following:

·        Accomplish all required jumps with a stand‑up landing;

·        The size of the canopy used during the PRO rating qualification determines the smallest canopy allowed in demonstration jumps; and

·        Either a safety and training advisor or an instructor/examiner and at least two other spectators witnesses qualification jumps.

E.     Landing Areas. All FAA‑authorized demonstration jumps are classified as open field, Level I, Level II, or stadium.

1)      Open Field.
a)      A minimum‑sized area that will accommodate a landing area no less than 500,000 square feet (e.g., approximately 750 by 750 feet, or an area with the sum total that equals or exceeds 500,000 square feet);
b)      Allows a jumper to drift over the spectators with sufficient altitude (250 feet) so as to not create a hazard to persons or property on the ground; and
c)      Will accommodate landing no closer than 100 feet from spectators.
2)      Level I Landing Area.
a)      An open area that will accommodate a landing area no smaller than 250,000 square feet (e.g., approximately 500 by 500 feet); and
b)      Permits jumpers to land no closer than 50 feet from the spectators and to pass over the spectators no lower than 250 feet, including the canopy and all external paraphernalia.
c)      Many open field athletic areas and airport operational areas constitute Level I landing areas.
3)      Level II Landing Area.
a)      An open area that will accommodate a rectangular, square, oval or round shaped landing area of approximately 5,000 square feet for no more than four jumpers, with at least 50 feet in width. An additional 800 square feet minimum for each additional jumper over four for any jumper landing within 30 seconds of the last of any four jumpers; and
b)      Permits jumpers to land no closer than 15 feet from the spectators and to pass over the spectators no lower than 50 feet including the canopy and all external paraphernalia.
c)      Athletic fields 150 yards in length by 80 yards in width, or smaller with bleachers, walls, or buildings in excess of 50 feet in height on two or more sides above the landing surface, are defined as stadiums and constitute Level II landing areas.
4)      Stadium. A Level II landing area smaller than 150 yards in length by 80 yards in width and bounded on two or more sides by bleachers, walls, or buildings in excess of 50 feet high.
5)      Other Landing Area Considerations.
a)      A landing area that exceeds the maximum dimensions of a Level I landing area, permits a parachutist to drift over a congested area or open air assembly with a fully deployed and properly functioning parachute (if the parachutist is at sufficient altitude to avoid creating a hazard to persons and property on the ground), and that has no other safety concerns would likely not require a certificate of authorization as required by 14 CFR part 105, § 105.21 or § 105.25.
b)      Any parachute jumping demonstration planned in conjunction with a public aviation event will require a certificate of authorization with appropriate special provisions as required by § 105.21 and/or § 105.25 even if the landing area exceeds the maximum dimensions for a Level I area. A parachute jumping demonstration planned in conjunction with a public aviation event is one that takes place any time after the first spectator arrives for the event that day.

F.      Tandem Jump Demonstrations.

1)      Tandem jumps will only be authorized in open field and Level I landing areas.
2)      The USPA must approve the tandem jump master in order to conduct tandem jumps.
3)      The passenger (or “rider”) requires no previous jump experience or license.

G.    Alternate Landings Areas. Regardless of the parachutists’ experience, “runoffs” or escape areas must be identified.

H.    Cutaway Acts. Cutaways may not be performed if cutaway equipment will drift into the spectator area.

3-151      AIR RACES.

A.     Cross‑country Air Races. Cross‑country air races are normally proficiency type races and do not require waivers other than for altitude and speed at checkpoints along the route. This will require some coordination with the AT facility that services that airspace. See Volume 3, Chapter 7, Issue a Certificate of Waiver or Authorization: Section 91.119(b) and/or (c) (Minimum Safe Altitudes), for assistance and guidance in issuing a waiver for § 91.119. Airspeed may be waived in accordance with this chapter similar to military flybys described in subparagraph 3‑148G2.

B.     Closed‑course Air Races. Due to the complexity of the two types of closed‑course pylon air racing courses (e.g., Reno type and Red Bull type), all air racing courses must be submitted to AFS‑800, the national airshow coordinator, for approval before a waiver can be issued by the FSDO having jurisdiction. The formulas found in subparagraphs 3‑151G and H should help the applicant design the racecourse for submission.

Note:       Both demonstration and competitive events are normally conducted over a fixed, short‑distance racecourse, usually located on or adjacent to an airport. It is the sponsor’s responsibility to design the course so that hazards to spectators and other persons on the surface are prevented. Only persons and vehicles authorized by the participating race organization will be permitted beyond the crowd line during racing operations.

1)      Authorized persons may include press, aircraft support crews, judges, and officials at the start line.
2)      Authorized persons must clear the runway and move back to at least the runway “hold short” line 1 minute before the launch for standing starts. No one will be permitted in front of the first row of aircraft after this time except the starter flag team.
3)      Pylon crews, press, and vehicles, except the home pylon flag crews, will remain inside the pylon course during races in designated areas. Race timing teams are permitted in the area between the crowd line and the show line during racing.
4)      Handle non‑competitive demonstration races like a competitive event, including a determination of pilot competency. Choreograph demonstration races from takeoff to landing. New classes of racing aircraft must be found competent by a similar existing air racing organization.

C.     Participants. A fundamental principle of closed‑course air race safety, including demonstration events, is that all of the participants need to be associated with an organization dedicated to the sport. Race pilots must possess a current race pilot authorization in the class in which that pilot is racing (issued within the previous 12 months). An organization or person given issuing authority by the FAA must issue the race pilot authorization. The structure and existence of a credible air racing organization provides an internal level of safety that would not otherwise exist. It is recommended that the IIC determine the following before issuing a waiver for an event that includes closed‑course air races:

1)      Determine whether the air race course has AFS‑800 approval.
2)      Determine if the participants have the proper qualifications by holding air race pilot authorization for the class in which they are participating.
3)      Obtain statements from the organization regarding the air racing currency of each airman.
4)      Determine whether the organization has established safety operating rules.
5)      Inform the regional and national airshow coordinators upon receipt of an air race application.

D.    Air Racing Organizations. If AFS‑800 determines that an air race organization has a credible program, policies, and procedures for determining air racing pilot competence, that organization will be given authorization to issue race pilot certificates. The current contact for each air race organization can be found at http://intranet.faa.gov/FAAEmployees/org/linebusiness/avs/offices/afs/programs/airshows. The organizations are normally listed by class, such as the following:

·        International Formula One,

·        Unlimited Division,

·        AT‑6/SNJ Racing Association, Inc.,

·        Formula V Air Racing Association,

·        Professional Race Pilots Assn. (Biplane),

·        Sport Class, and

·        Jet Class.

E.     Typical Racecourses. A diagram of a typical air race site is shown in Figure 3‑40. A diagram of a typical unlimited racecourse is shown in Figure 3‑40A. Two examples of suitable air race site diagrams are shown in Figure 3‑40B. The following paragraphs discuss the method of determining the various distances used.

F.      Racecourse Design. A satisfactory pylon air racecourse design involves the shape of the course and its relationship to the area around the course, especially the spectator areas. Both of these factors depend upon the maximum speed of the racing aircraft and the maximum “g” loading (acceleration forces) that the aircraft are expected to encounter when flying the racecourse in a normal manner. The maximum height at which the aircraft are expected to fly during the race is also a factor.

G.    Racecourse Speeds.

1)      The following are typical speeds for each racing class:

·        Formula V: 160 mph,

·        Sport Biplane: 210 mph,

·        AT‑6/SNJ: 225 mph,

·        International Formula One: 250 mph,

·        Sport Class: 300 mph, and

2)      Unlimited and jet classes: 450 mph and higher.
3)      As additional classes become active, they will be added to this list with appropriate speeds specified.
4)      The maximum “g” loading for a race aircraft flying the course in a normal manner has been set at 3.5 “g’s.” In actual racing, where maneuvering and turbulence is encountered, momentary “g” loadings in excess of this figure can be expected.
5)      The speed and “g” loadings permit the calculation of the minimum radius turn that should be permitted in the design of the racecourse. The formula for the turn radius for a given “g” loading and speed is shown below. (Using a value of 3.5 for “g,” the minimum turn radius is shown for each racing class below.)

Indicates new/changed information.Minimum Turn Radius Formula

6)      The angle of a turn (the change in course required to negotiate the turn) should be planned to avoid forcing a race aircraft to make the turn too sharply. A maximum turn angle that does not exceed 65 degrees has been found to be satisfactory.

H.    Racecourse Show Line. During the race, aircraft occupy a raceway around the race course. The edge of this raceway closest to the spectator area is the show line, over which no aircraft is permitted to cross while racing.

1)      The raceway width may vary from 150 feet to 500 feet in the various racing classes so that the aircraft may pass one another. The critical requirement is that no racing aircraft is permitted to cross over the show line during the race.
2)      The minimum turn radius, the maximum turn angle, and the raceway width define the limits of a satisfactory race course. The race course relationship to the spectator areas or other populated area must also be defined. All racing classes require a distance of 500 feet between the primary spectator area and the show line.
3)      An additional safety area is required to ensure that spectators are protected in the event that debris leaves a race aircraft. Should this occur while the aircraft is in a turn, the debris will follow a path tangential to the turn from the moment it departs the aircraft.
a)      The theoretical straight‑line distance to a point on the ground that the debris will follow (ignoring air resistance) depends upon aircraft speed and altitude. This distance is the scatter distance. A maximum racing altitude of 250 feet is acceptable for aircraft weighing in excess of 1,000 lb (presently, the AT‑6/SNJ and the Unlimited class). A maximum racing altitude of 150 feet is acceptable for aircraft weighing 1,000 lb or less (presently the International Formula One, Sport Biplane, and Formula V classes). The scatter distance formula for each racing class is shown below.

Scatter Distance Formula

b)      The theoretical location of all possible debris impact points from an aircraft in a turn is a circle whose radius is the square root of the sums of the squares of the turn radius and the scatter distance. This radius is the scatter radius.

Scatter Radius Formula

c)      To provide an acceptable margin of safety, the difference between the turn radius and the scatter radius is multiplied by a safety factor of 1.5 and added to the turn radius to define the safety radius.

Safety Radius Formula

4)      The critical turn with respect to the safety radius is the turn that enters the portion of the race closest to the spectators. The safety area is constructed as follows:
a)      Bisect the course change angle for the critical turn;
b)      Mark off the minimum turn radius for the class of aircraft racing, as shown in Figure 3‑28A, from the pylon position to a point on the angle bisector; and
c)      Draw an arc, whose radius is the safety radius, from the point described in subparagraph 3‑151H3)c) above. No spectators can be within this arc (Figure 3‑40).
5)      In some cases, it may be expedient to design the race course around the spectator area. While spectator area‑to‑show line distances are unchanged, the safety zone is now outside the spectator area and is no longer a factor. Roads to this kind of a race course layout must be completely closed off to the spectator area during the race.
6)      Race courses are normally flown in a counterclockwise direction (left turns). Problem sites may require flying the course in a clockwise direction (right turns). Other modifications of the race course, such as changing the angular relationship of the spectator line to move the crowd away from a turn pylon, or lengthening the race course to move the turn pylon away from the crowd, may also be necessary.

3-152      BALLOON MEETS AND COMPETITIONS.

A.     Balloon Meets. Routine balloon ascensions can usually be conducted in accordance with the provisions of part 91, and no waiver is required. However, balloon competitions will likely require a certificate of waiver or authorization with appropriate special provisions to maintain the safety of the nonparticipating public.

B.     Balloon Operations. Flight competitions by manned balloons often involve operations at horizontal and vertical distances less than those required by § 91.119(b) and (c). Operations at these altitudes are necessary to take advantage of varying wind conditions at different altitudes that are the balloonist’s only means of directional control. These operations are acceptable when appropriate limitations are developed to ensure public safety and the safety of the participants.

C.     Public Safety. Ballooning has grown significantly in recent years, and competitive tasks have been refined and standardized. The FAA’s concern is that every effort is made to ensure public safety. The intent of § 91.119 should never be compromised when issuing waivers and developing special provisions.

1)      Target areas must be under the control of event officials. The use of portable bull horns or public address systems provides an adequate means for crowd control, or for directing balloonists away from the target area in an emergency. Balloon landings are not normally permitted closer than 1,500 feet from the target or goal, although event officials may allow a reduction of this distance to 500 feet for safety considerations. Only balloon recovery ground support crewmembers and authorized event officials can be present at the landing site.
2)      The relatively slow speed of balloons allows spectators to move from harm more easily than at an airshow where fast moving aircraft are performing. Accordingly, the designated spectator area can be minimized to a 200‑foot radius away from the designated balloon goal/target. IICs should ensure that the sponsors assure spectators remain clear of the goal/target area during balloon meets or competitions.

D.    Balloon Competition Event Waivers. To be found eligible for a waiver of § 91.119(b) and (c), the applicant must prepare and maintain an organized manned balloon competition manual that has been found acceptable by the jurisdictional FSDO. The contents of the manual are the basis for issuance of the waiver. The applicant and the participants must comply with the balloon manual contents and requirements. No operations can be conducted under a waiver except while in VFR conditions during the period from sunrise to sunset, as specified in § 91.155.

1)      Event organizers should be asked to submit a set of competition rules when applying for a waiver. Although this is not a regulatory requirement, it should be encouraged for the sake of conformity and safety. These competition rules should generally conform to a recognized industry standard, such as those developed by the Balloon Federation of America (BFA) for events sanctioned by the BFA Competition Division.
2)      A waiver of § 91.119(b) and (c) for organized balloon competitions can be issued based on submission of an application containing the proposed operations and contents of the organized manned balloon competition manual. (See subparagraph 3‑152E below.)
3)      Section 91.119(b) and (c) should be waived only to the extent necessary to accommodate the event while allowing an acceptable level of safety. Evaluation of the site by the IIC determines the actual separation distances for a specific event; however, the following minimum distances and special provisions must be observed.
a)      Section 91.119(b) may be waived to allow flight over a congested area at an altitude of no less than 500 feet above the highest obstacle within a 500‑foot horizontal radius of the balloon. This section of the regulation may only be waived within a specified maximum distance from designated launch sites and/or target areas. This designated area will be determined by the event organizer and the FAA; this area must also be clearly delineated in the event organizer’s manual before the event. (A scaled map, drawing, and/or aerial photographs should be in the event organizer’s manual before the event.) The designated area should be the minimum area necessary to accommodate the event, and the area should be consistent with the event organizer’s ability to control operations. A waiver of § 91.119(b) should not be issued if the target area is so small that a normal descent (200 to 300 feet per minute) cannot be made.
b)      Section 91.119(b) may be waived to allow flight above, but not less than 75 feet from, any open‑air assembly of persons (designated spectator area) under the direct control of the event organizer.
c)      Section 91.119(c) may be waived to allow flight over open water or sparsely populated areas, no closer than 200 feet horizontally to any person, vessel, vehicle, or structure.

E.     Organized Manned Balloon Competition Manual. The following is a list of the minimum required topics that must be addressed in the competition manual for a balloon event. Other information may also be included (see Figure 3‑41).

1)      Responsibilities and Procedures:

·        Duties of personnel,

·        Registration and airworthiness determinations,

·        Pilot qualifications,

·        Pilot/crewmember briefing responsibilities,

·        Copy of letter(s) of agreement, and

·        Event flight crewmember qualifications, experience, and maximum numbers onboard each balloon for each type of event.

2)      Ground Operations:

·        Clear areas,

·        Spectator areas (designated primary and potential secondary areas),

·        Crowd control requirements, and

·        Landowner relations/notification.

3)      Flight operations:

·        Areas of operations,

·        Types of operations,

·        Altitudes,

·        Weather requirements,

·        Communications requirements, and

·        AT coordination.

4)      The organized manned balloon competition manual must incorporate § 91.119(b) and (c) limitations as appropriate to the event in a form and manner acceptable to the FAA and the event organizer. The event organizer should describe in the manual as clearly as possible the manner of operations that are needed to comply with the event waiver.
5)      The organized manned balloon competition manual must include a list and description of all events, tasks, and races to be included in the waiver.

F.      Personnel. The organized manned balloon competition manual must contain the names of the following personnel who are responsible for the event:

·        Flight director (event director),

·        Person responsible for establishing and maintaining crowd control,

·        Event organizer’s FAA liaison, and

·        Persons responsible for obtaining weather data and conducting the pre‑event pilot and event flight crewmember briefings.

G.    Letters of Agreement. In addition to the organized manned balloon competition manual, a letter of agreement clearly detailing all responsibilities may provide an excellent means of control. In the manual, the event organizer outlines the responsibilities assumed, such as crowd control, notification, communication, and briefing of participating pilots and event flight crewmembers. ATC identifies the services they provide, such as up‑to‑date weather, a portable tower, or direct communication line with the tower. The FSDO identifies the necessary aircraft and airman certification qualifications and site inspection requirements through the waiver process.

H.    Balloon Event Flight Crewmembers. Only pilot and event flight crewmembers, as described in the organized manned balloon competition manual, may be carried onboard any balloon operating under the waiver issued to the event organizer.

1)      Event flight crewmembers will be restricted to the minimum number required for the type of event as specified in the organized manned balloon competition manual. Event flight crewmembers should be kept to a minimum for competitive events.
2)      All event flight crewmembers must have received appropriate training concerning their duties relative to the event, and must attend the event pilot and flight crewmember briefing before each event. These crewmembers must sign a statement that they have been briefed and that they are designated event flight crewmembers for the purpose of the specific event for which the waiver was granted.
3)      The PIC of each balloon is responsible for obtaining the signed statements on a form furnished by the event organizer. The PIC will maintain this form during the event and return it to the event organizer and make it available to the FAA upon request.
4)      Balloon event flight crewmembers are differentiated from ground support launch and recovery crewmembers.

I.       Maximum Wind Speed. The maximum wind speed for launch and at the target zones is mutually determined by the event organizer/flight director and the FAA. Place these limitations in the operations manual. Determine the maximum wind speed limitations after considering the local terrain conditions and the competency of the participating airmen and the limitations of the aircraft. If a balloon does not have an FAA‑approved flight manual, operating limitations can be found on the Type Certificate Data Sheet (TCDS). The actual means of determining the wind speed must be mutually agreeable to the FAA and the event organizer. The IIC and/or the event organizer/flight director may wish to consider moving the designated spectator area barriers if the wind speed is excessive.

J.      Types of Competitive Tasks. Competitive tasks are exercises in navigation using changes in wind direction. The winner of a task is the balloonist who can best take advantage of changes in wind direction by ascending and descending. Event organizers generally engage launch directors to control staggered launch times and ensure safety for multiple launches. The following are some typical balloon competitive tasks, based on information provided by the BFA. See Figure 3‑41 for detailed descriptions of the tasks.

·        Pilot declared goal,

·        Judge declared goal,

·        Multiple judge declared goal,

·        Elbow,

·        Hare and hound,

·        Convergent navigational task (CNT),

·        Fly on task,

·        Gordon Bennett memorial,

·        Watership down, and

·        Key grab.

3-153      EVENT MANAGEMENT.

A.     Management Organization.

1)      The event organizer of an aviation event may be an individual, a group of individuals, or an organization that will designate a responsible person to act on all matters pertaining to an FAA‑issued certificate of waiver or authorization.
2)      The responsible person of an aviation event has the overall responsibility for the conduct of the airshow in a safe manner and in accordance with the conditions contained in FAA Form 7711‑1, issued for the airshow.
3)      The IIC should work closely with the responsible person to develop normal and emergency plans, briefings, and checklists.

B.     Briefing (See Figure 3‑41A). The importance of the participant briefing to the safe and successful conduct of a special aviation event cannot be overemphasized. At a safety briefing review all aspects of the flying, ground, and emergency procedures of the proposed airshow. Conduct the briefing in such a way that each of the performers and airshow personnel in charge of the air, ground, and emergency operations leaves the briefing with a clear understanding of their responsibilities and procedures to be followed in normal or emergency situations that may occur during the course of the aviation event.

1)      The requirements for a briefing held at an aviation event are as follows:
a)      Conduct a briefing before the beginning of an aviation event on each day of the event. A night show briefing can be incorporated into this briefing if all parties are present;
b)      Carry out a briefing in an area as free of noise and other distractions as possible, and you must limit attendance to flight crews, appropriate flight crew support staff, parachutists, ground performers such as pyrotechnic teams, public announcers, and other key event personnel as determined by the air boss and/or IIC;
c)      Verify each participant’s attendance at a briefing by roll call or otherwise, and a record retained for submission to the IIC, if requested;
d)      Performers who are not briefed are not permitted to participate in the aviation event covered in the briefing;
e)      For team performances, only the team leader is required; however, a delegate may represent the team leader, provided the person is a pilot member of the team;
f)        For an aircraft that is to be launched from a remote airfield, the briefing may be given to the aircraft’s pilot by telephone; and
g)      The briefing is conducted at a time as close to the performance time as practicable.
2)      The briefing must cover the following points, at a minimum:
a)      Key aviation event personnel (to include essential and event organizer personnel) are introduced and the means of communication with them is described.
b)      Weather—the briefing should be given by a meteorologist if one is available, but may be given by a flight specialist or experienced pilot. The briefing need only cover aspects of the weather that are significant to the conduct of the aviation event such as the altimeter setting, cloud cover or ceiling, visibility, winds and temperature, density altitude, and other weather data forecast for the period of the event. If a low ceiling program (marginal weather) has been approved, the weather minima and a “low show” program must be briefed. If § 91.155 (cloud clearance) is waived, this must be briefed.
c)      The airport airspace details, such as position, dimensions, height above MSL, the airspace in accordance with the NOTAM and/or any TFRs issued for the aviation event, local obstructions, warnings, and other pertinent information.
d)      The method of coordinating AT, including type of coordination, such as positive control by ATS, advisory by Flight Service Station (FSS), or other. This aspect of the briefing must include airshow frequencies and assigned radio call signs, if necessary. The method(s) of suspending the performance or recalling a performer by both radio and visual signals must be described.
e)      The aviation event site, including the position of the primary spectator areas, secondary spectator areas, show lines, show center, airshow demonstration area, hazards, direction of entry/exit lanes, holding areas, and alternate airports using aerial photographs, maps, scale diagrams, or other means of depiction.
f)        The performance schedule will include a performer’s on stage time and routine duration time. Additional timing information (e.g., startup, taxi, takeoff, show and landing timings) may be included at the discretion of the briefer. Participants, if required, are to note their onstage and offstage timings if required. Performers should be aware of the position of the act they follow and location for the start of their performance. During this portion of the briefing, other programmed flying events before, during, or after the airshow portion itself, such as balloons, parachutists, flybys, and similar aerial displays, must be covered.
g)      Wake turbulence can be a factor at any airshow where there is a mix of participants and should be addressed in preparing the flight program and mentioned at the briefing as a precaution to participants.
h)      The fire fighting and emergency services equipment available, including their location and the access routes to be kept clear, must be discussed.
i)        Pyrotechnic briefing, in accordance with subparagraph 3‑147U. The pyrotechnic briefing card must be used by the shooter in command (Figure 3‑39).
j)        Identification and location of all participating aircraft equipped with operable ejection seats, jettisoned fuel tanks, or ballistic parachute systems.
k)      Time check—to ensure all participants are using the same time for airshow coordination.
l)        The flight operations director or other person responsible for flight operations ensures that each performer understands the applicable special provisions with respect to individual low‑level authorizations contained in the certificate of waiver issued for the airshow.
m)    Circling the jumpers—All key personnel involved with circling the jumpers must complete the briefing described in Figure 3‑42.
n)      Any other subjects as necessary.

Note:       Examples of other subjects that have been included in briefings are medical factors affecting pilot performance (e.g., over‑the‑counter medication, pilot fatigue, heat stress), and factors affecting orientation of flight (e.g., over water or unusual terrain). It is suggested that, at the briefing on the final day of an airshow, a “Departure Briefing” be included to advise participants of ATC procedures, etc., to be followed on leaving the airshow site. Remind pilots that their departures are to be normal and that no “ad hoc” demonstrations are to take place during their departures.

3-154      WEATHER CONDITIONS.

A.     Day.

1)      Flight demonstrations will not be conducted unless the ceiling is at least 1,500 feet, and the visibility is at least 3 statute miles at the time of the demonstration.
2)      Except for North American military performers, aerobatic maneuvers conducted by Category III aircraft during flight demonstrations will not be conducted unless the ceiling is at least 1,500 feet, and the visibility is at least 3 statute miles at the time of the demonstration.
3)      The FAA monitor may adjust the minimum ceiling and visibility requirements at his or her discretion, but no less than 1,000 feet and 3 statute miles if:
a)      Except for North American military performers, aerobatic maneuvers are conducted by Category III aircraft only within an operations area having a diameter of no more than 2 statute miles; and
b)      To the surface as a result of the reduced weather conditions.
4)      Originally scheduled aerobatic maneuvers are not modified or conducted in close proximity to the surface as a result of the reduced weather conditions.
5)      The FAA monitor may specify a higher ceiling minimum and a higher visibility minimum where justified by the presence of surrounding terrain or other local condition.
6)      Flight demonstrations may be conducted “clear of cloud” when the requirements have been met to waive § 91.155, cloud clearance requirements.

B.     Night. The minimum weather conditions at night require a cloud base no lower than 2,500 feet and 3 statute miles visibility.

C.     Military. Military participants must comply with minimum weather requirements established in the command‑approved maneuvers package, except when the minimum weather requirements are less restrictive than the policy established in this order.

3-155      SPECIAL PROVISIONS. Special provisions are conditions, requirements, or limitations necessary to protect nonparticipating persons, property on the surface, and other users of the national airspace system. Each certificate of waiver or authorization must include special provisions as determined by the issuing FSDO.

A.     Applicability. Many safety provisions are general in nature and are applicable to most aviation events. Other provisions may apply only to certain types of events. Provisions that appear on the waiver or authorization should be restricted to protective measures, controls, or requirements that are not otherwise specified by the regulations. Regulatory requirements that are not waived should not be included as special provisions. Waiver provisions never supersede aircraft airworthiness operating limitations.

B.     Ensuring Safety. The special provisions ensure that the event can be conducted without an adverse effect on safety. Every waiver/authorization must contain special provisions to ensure an equivalent level of safety with the rules that are waived for the nonparticipating public and nonparticipating AT.

C.     Use of Special Provisions. Some events require extensive and highly detailed special provisions, whereas the special provisions for other events can have less detail. In addition to variation among events, local conditions may have a significant impact on the necessary special provisions.

1)      Special provisions may pertain to associated protective measures and control requirements that may not be specifically covered by the regulations. In addition, it may be necessary to increase one regulatory minimum in order to authorize safe deviation from another. For example, in order to permit aerobatic flight in Class D airspace, it might be necessary to increase the minimum visibility requirement to 5 miles or some other appropriate value.
2)      When applicable, IICs should insert the name of the responsible person, found in Item 2 of the application, into the text of the special provisions to indicate the holder of the certificate of waiver or authorization.
3)      Type the provisions with as little editorial change as possible onto the certificate of waiver or authorization form or on attached pages. Any special provisions add that are not listed on the airshow Web site (see subparagraph D below) must have Regional or National Air Show Coordinator approval before inclusion except for ATC instructions. Only include applicable special provisions. Numbers and language can be inserted or changed to suit each event only when necessary, appropriate, and in accordance with the guidance in this handbook. Editorial comments enclosed in square brackets, [ ], should not be included on the certificate.

D.    Examples of Common Special Provisions. The list of special provisions are found on the Internet at http://www.faa.gov/about/initiatives/airshow/waiver.

3-156      PREREQUISITES AND COORDINATION REQUIREMENTS.

A.     Prerequisites. This task requires knowledge of regulatory requirements in part 91 and FAA policies and qualification as an ASI (Operations).

1)      The inspector assigned this task is also responsible for the surveillance of the aviation event (see Volume 6, Chapter 11, Section 10, paragraph 6‑2371).
2)      The inspector assigned this task and the subsequent surveillance must have completed OJT and participated in issuing a certificate of waiver and the surveillance of three aviation events with an inspector qualified in this task.
3)      For an aviation event at which a military demonstration team performs, the inspector must have satisfactorily completed OJT (including participation in the feasibility study, the preseason evaluation meeting, waiver preparation, and airshow surveillance) at an event that includes a military demonstration aerobatic team.

B.     Coordination. This task requires prior coordination with the appropriate AT facility and the airworthiness unit.

3-157      REFERENCES, FORMS, AND JOB AIDS.

A.     References (current editions):

·        14 CFR parts 1, 61, 91, 103, 105, 133, and 139.

·        AC 91‑45, Waivers: Aviation Events.

·        AC 103‑7, The Ultralight Vehicle.

·        AC 105‑2, Sport Parachuting.

B.     Forms:

·        FAA Form 7711‑1, Certificate of Waiver or Authorization (Figure 3‑34).

·        FAA Form 7711‑2, Certificate of Waiver or Authorization Application (Figure 3‑32 and 3‑33).

·        FAA Form 8710‑7, Statement of Acrobatic Competency (Figure 3‑35).

·        Transport Canada Form 26‑0307, Statement of Aerobatic Competency (Figure 3‑36).

C.     Job Aids:

·        Sample letters and figures.

·        Job Task Analysis (JTA): 2.5.14, 4.7.2.

3-158      GENERAL PROCEDURES.

A.     Determine if a Waiver or Authorization Is Required. If the event cannot take place in compliance with the regulations, a waiver is required.

1)      If a waiver or authorization is not required, no further action is required with this task.
2)      DD Form 2535, section IV, should be completed and signed if requested by an event sponsor. These forms are required for vehicle and static displays, as well as for military flight demonstrations and flybys.

Note:       DD Form 2535 can be found by going to one of the FAA airshow sites and selecting one of the DOD teams. The team names are hyperlinked to the team Web sites from which you can view, print, or download this form. The USAF and the USMC requires the sponsor to apply on their Web site for any type of support, flying or static displays (see http://www.faa.gov/about/initiatives/airshow/).

3)      If a waiver or authorization is required, brief the applicant on preparing FAA Form 7711‑2.

B.     PTRS. Open the PTRS File. Enter “1220” in the “Activity Code” box of the PTRS transmittal form and enter “PA” in the “National Use” box if the certificate of Authorization was issued for parachuting. Enter “1230” in the “Activity Code” box and enter “AS” in the “National Use” box if issued for an airshow, “AR” for an air plane air race and “BE” of any type of balloon event. Enter “1231” in the “Activity Code” box and enter “WI” in the “National Use” box if a waiver will be issued and “NW” if no waiver will be issued for the operation requested.

C.     Brief Applicant.

1)      Advise applicant on the procedures to prepare FAA Form 7711‑2.
2)      Advise the applicant on the procedures to obtain the current editions of AC 91‑45, AC 103‑7 (if applicable), and AC 105‑2.
3)      Provide applicant with FAA Form 7711‑2 (Figure 3‑32 through 3-33A).

3-159      ADDITIONAL PROCEDURES FOR MILITARY APPLICANTS. In addition to the procedures in paragraph 3‑158 and paragraph 3‑160, conduct the following procedures for military applicants.

A.     Determine if a Feasibility Study is Required. A FAA feasibility study is required when a waiver is required.

B.     Conduct Feasibility Study.

1)      Determine if an onsite inspection is required. An onsite inspection is required when:
a)      The inspector is unfamiliar with the area of the scheduled event;
b)      It has been more than 1 year since the last onsite inspection;
c)      There has not been an aviation event or flyby requiring a waiver there before; and/or
d)      There may be new construction or other unique environmental changes near the site.
2)      If an onsite inspection is required, review the documents submitted with the request for FAA completion of DD Form 2535, section IV. The documents that must be submitted by the event organizer are:
a)      Use templates of the proposed maneuvers overlay for the proposed site (the maneuvers package for the current year should be used to evaluate the site);
b)      Current 7.5‑minute series Topographic Quadrangle Map published by the U.S. Geological Survey (USGS) (scale 1:24,000) for the area or current aerial photographs of the required airspace for the event, as necessary, to conduct the feasibility study.
3)      The inspector will determine the following for an aerial demonstration:
a)      If the operating area is large enough to contain the aerobatic maneuvers;
b)      Whether proposed egress and ingress routes adversely impact safety; and
c)      Whether a waiver of § 91.119(b) and (c) is necessary.
4)      The inspector will determine for a military flyby:
a)      If the operating area is appropriate to conduct a flyby at 1,000 feet above the highest obstacle, and 2,000 feet laterally of an obstruction;
b)      If it can be conducted in accordance with part 91 without a waiver.
c)      Whether proposed egress and ingress routes adversely impact safety.

C.     Complete Applicable Section of DD Form 2535. Fill in the appropriate FAA blocks on the form, with special emphasis on block 17;

1)      For an aerial demonstration, select one of these three classifications:
a)      Satisfactory classification. A waiver can be issued following compliance with standard requirements of this chapter.
b)      Conditional‑satisfactory classification (most common). The remarks section specifies specific conditions that must be met, such as closing roads, evacuating buildings, compliance with a crowd control plan, and minimum altitudes on ingress and egress routes.
c)      Unsatisfactory classification. The requested activity cannot be performed safely at the proposed site, and a waiver will not be issued.
2)      For a military flyby, select one of these three classifications:
a)      Satisfactory. The flight can be conducted without a waiver.
b)      Conditional‑satisfactory classification. The remarks section specifies certain conditions that must be met and a waiver is required:

·        A briefing between the PIC and ASI must be conducted before the flyby;

·        Compliance with all non waived section of part 91 is required; and

·        An authorization and agreement of the conditions from the commanding officer must be submitted to the ASI.

c)      Unsatisfactory classification. Requested activity cannot be performed safely at the proposed site, and a waiver will not be issued.
3)      The ASI must ensure the information in the remarks section of DD Form 2535 is coordinated with the commanding officer authorizing the aerial demonstration or military flyby if a waiver is required.
4)      Sign the form.
5)      Retain a copy of DD Form 2535 for the office file. Return the original to the show sponsor.

D.    Preseason Evaluation Meeting. Attend the preseason evaluation meeting for those events at which the USAF Thunderbirds or the U.S. Navy Blue Angels participate. At this meeting, the inspector should discuss the following:

·        Proposed special provisions of the certificate of waiver or authorization;

·        DD Form 2535;

·        Onsite evaluation;

·        Conditional‑satisfactory requirements;

·        Safety concerns unique to the site;

·        Past events, if appropriate;

·        Review of request for a waiver to § 91.119(b) or (c) and submitted supporting documents; and

·        Proposed egress and ingress routes and requests for flight along those routes below 500 feet AGL that will require FAA approval.

3-160      GENERAL PROCEDURES CONTINUED.

A.     Evaluate FAA Form 7711‑2. Using the information provided by the applicant and the background in section 1, review FAA Form 7711‑2 for all pertinent information and supporting documents for the proposed aviation event. Accept strikeovers that are minor in nature and initialed by the applicant. Items 11 through 16 apply to airshow waiver requests only.

1)      Items 1 and 2—Name of Organization and Responsible Person. Ensure that the applicant has indicated the name of the organization in Item 1. Annotate “N/A” in Item 1 if an individual is applying. Annotate the name of the responsible person or the individual applying in Item 2.
2)      Item 3—Permanent Mailing Address. Ensure that the applicant indicates the permanent mailing address of the organization named in Item 1 or the individual named in Item 2.
3)      Item 4—Enter “N/A” since this pertains to banner towing only.
4)      Item 5—Enter “N/A” since this pertains to banner towing only.
5)      Item 6—Section and Number To Be Waived. Ensure that the applicant has listed all sections of the regulations to be waived.
6)      Item 7—Description of Proposed Operation. Determine if the applicant has correctly indicated the type of aviation event.
7)      Item 8—Area of Operation. Ensure that the applicant has listed the specific locations and the lateral and vertical limits of the aerial demonstrations.
8)      Item 9—Beginning Date and Hour and Ending Date and Hour. Check for a beginning date and time, and an ending date and time for the aviation event.
9)      Item 10—Aircraft and Pilots. Check for aircraft make and model, pilot names, certificate numbers and ratings, and full home addresses. A notation stating the show line category must be annotated with each make and model of aircraft. Ensure that parachutist names, license class, and addresses are included. Item 8 may be accepted with a statement, “A list containing aircraft and pilot information (and/or parachutist information) will be furnished on [applicant enters a specific date and time].”
10)  Items 11 and 12—Event Organizer. Ensure that the applicant has indicated the event organizer (organization or individual) of the aviation event and the event organizer’s address.
11)  Item 13—Policing. Ensure that the applicant has described provisions for policing the event. Specify if a written formal plan has been provided to IIC. Item 11 may be accepted with a statement “A crowd control plan will be furnished on [applicant enters a specific date and time]” or “crowd control plan N/R” (if approved by IIC).
12)  Item 14—Emergency Facilities. Ensure that the applicant marked all items that will be available at the time and place of the event.
13)  Item 15—ATC. Ensure that the applicant has described the method of controlling AT, including the arrival and departure of aircraft, requested TFR in accordance with § 91.145, as applicable, and has coordinated with the appropriate FAA ATC. Add a notation stating if TFR requested from ATC.
14)  Item 16—Schedule of Events. Ensure that the applicant has listed all events and dates and times. Item 16 may be accepted with a statement “A final schedule of event will be furnished on [applicant enters a specific date and time].”
15)  Item 17—Certification. Ensure that the applicant has signed and dated the application.

B.     Determine if Application Is Complete.

1)      Application Incomplete or Inaccurate. If the application is incomplete or inaccurate, complete the “FAA Action” block on FAA Form 7711‑2 by marking “Disapproved.” Write the reason for disapproval in the “Remarks” section. Return the application to the applicant.
2)      Application Complete. If all pertinent information and supporting documents have been submitted with the application and the application is complete and correct, evaluate the proposed operation.

C.     Evaluate Proposed Operation. Use the application information and the items listed below to determine if the proposed operation can be accomplished without an adverse effect on safety:

1)      Review, if applicable, previous certificates of waiver or authorization issued for aviation events at the same location.
2)      Coordinate the use of controlled airspace with the appropriate AT facility as soon as possible. Include any limitations or special conditions considered necessary by the ATS as part of the certificate of waiver or authorization.
3)      Using the list of participating aircraft, verify that the airworthiness unit completed the required documents.
4)      Using the list of participating aircraft and Table 3‑1A, determine the required show line distance.
5)      Accompanied by the applicant, conduct an onsite visit to sites used for the first time and to sites unfamiliar to the inspector.
a)      Clarify or confirm information submitted with the application.
b)      Verify the distances and the location of the show and reference lines.
6)      Verify that NOTAM has been issued and is appropriate.
a)      A copy of the published NOTAM should be attached to the waiver.
b)      Brief the NOTAM at each pre‑show briefing for all participants.

D.    Review Waiver Requests for § 91.119. Determine if a waiver of § 91.119 is appropriate.

1)      Waive § 91.119(b) and (c) only if the pilot will still be in compliance with § 91.119(a).
2)      Waive § 91.119(b) and (c) only for non‑aerobatic flight, while temporarily exiting or returning to the operating area. Use the standards discussed in section 1.
3)      Waive § 91.119(c) only if unoccupied structures are involved, or to allow participating personnel, vehicles, or vessels to be positioned closer than 500 feet from the performing aircraft.
4)      Waive § 91.119(b) and (c) for flight over structures, roads, vehicles, or vessels under the following conditions for the USAF Thunderbirds, U.S. Navy Blue Angels, and Canadian Defense Forces Snowbirds:
a)      When the show line is generally aligned with a runway at an active airport;
b)      When ingress and egress transition of the operating area coincides with established approach or departure paths used for the designated runway;
c)      When aerobatic flight will not be conducted over any nonparticipating persons; and
d)      When non‑aerobatic flight over nonparticipating persons is not closer than 500 feet but may be as low as 200 feet above unoccupied obstacles less than 500 feet laterally from ingress/egress route while flying within 3 NM from the show center.
5)      Consult with the regional airshow coordinator as necessary.

E.     Approve or Disapprove Waiver.

1)      Waiver Disapproval. If the entire operation cannot be approved, complete the “FAA Action” block on FAA Form 7711‑2 and state the reasons for disapproval in the “Remarks” section of the form. Return the application form to the applicant.
2)      Waiver Approval. If the entire operation can be approved, complete the “FAA Action” block on FAA Form 7711‑2 and develop the special provisions.

F.      Develop Special Provisions List. Develop the list of special provisions appropriate to the aviation event using the information submitted with the application and the suggested special provisions on the airshow internet site (http://www.faa.gov/about/initiatives/airshow).

G.    Issue Certificate of Waiver or Authorization.

1)      Complete FAA Form 7711‑1, (Figure 3‑34) as follows:
a)      In the “Title” block, use “X’s” to mark out the inappropriate word.
b)      Enter the waiver holder’s and responsible person’s names and addresses as they appear in Items 1 and 2 on the application.
c)      Include a brief summary of the aviation event in the “Operations Authorized” block. For aviation events involving aerobatic flight, clearly define the dimensions of the affected airspace. In the case of parachute demonstration jumps, use the following statement, “Parachute demonstrations are authorized in accordance with § 105.21.”
d)      Except for parachute demonstrations, include in the “List of Waived Regulations” and “Title” blocks each specific regulation waived by the FAA. Ensure that the listed regulations correspond to those on FAA Form 7711‑2 and conform to § 91.905. When many regulations are involved, list the specific rules on a separate sheet of paper and attach it to the certificate. Use the following statement, “A list of waived regulations is attached.”
e)      Place the total number of special provisions in the appropriate spaces in the “Special Provisions” block.

12.  Type and sequentially number the special provisions on the reverse side of FAA Form 7711‑1 or on separate pages.

13.  Use only the special provisions, which apply to the operations in the waiver or authorization application.

14.  Group the provisions by type of event, such as airshow provisions or parachute demonstration jump provisions.

f)        Attach any additional pages to the certificate of waiver or authorization.
g)      When an aviation event is scheduled for multiple days, uses a separate sheet to list the dates and times the certificate is in effect, if needed. Use the following statement: “See attached page [insert appropriate page number] for dates and times.”
h)      Have the jurisdictional FSDO manager or their designated representative, which may be either the assistant manager or another supervisor from within that jurisdictional FSDO sign FAA Form 7711‑1.
2)      Attach to FAA Form 7711‑1 a copy of FAA Form 7711‑2 and its supporting documents.
3)      Distribute FAA Forms 7711‑1 and 7711‑2 as follows:
a)      Place a copy of both forms in the FSDO file;
b)      Send a copy of FAA Form 7711‑1 to all affected AT facilities; and
c)      Return the original of both forms to the applicant.

H.    PTRS. Make the appropriate PTRS entry.

3-161      TASK COMPLETION. Completion of this task results in one of the following:

·        Issuance of a certificate of waiver,

·        Issuance of a certificate of authorization, or

·        Denial of an application for a certificate of waiver or authorization.

3-162      FUTURE ACTIVITIES.

·        Surveillance of an aviation event.

·        Possible cancellation of the waiver or authorization as a result of noncompliance with its provisions.

·        Consideration of a future application for waiver or authorization from the same or other applicants.

Figure 3-24. Example of an Airshow Layout

Figure 3-25. Minimum Separation Distance (200 Feet) Between Runway or Takeoff Area and the Primary Spectator Area

Figure 3-25A. Minimum Separation Distance (300 Feet) Between Runway or Takeoff Area and the Primary Spectator Area

Figure 3-25B. Minimum Separation Distance (500 Feet) Between Runway or Takeoff Area and the Primary Spectator Area

Figure 3-26. Minimum Distance from Spectators for Category I

Figure 3-26A. Site Layout with Flying Display Area Less Than 1500 Feet from Show Line

Figure 3-26B. Example of Category I Aircraft Formation on Show Line

Figure 3-26C. Minimum Distance from Spectators for Category II Aircraft

Figure 3-26D. Example of Category II Aircraft Formation on Show Line

Figure 3‑27. Single Category III Aircraft in Minimum Width Flying Display Area

Figure 3‑27A. Minimum Width of a Flying Display Area for Category III Aircraft Performing Lateral and/or Turning Maneuvers

Figure 3‑27B. Minimum Width of a Flying Display Area for Category III Aircraft in Formation Flight

Figure 3‑27C. Example of the Minimum Width of a Flying Display Area for Multiple Category II Aircraft Performing Lateral and/or Turning Maneuvers

Figure 3‑28. Aerobatic Maneuvers Performed After Aircraft Beyond Spectator Area

Figure 3-28A. Aerobatic Maneuvers Performed After Turn Away Performed

Figure 3‑28B. Nonaerobatic Maneuvers by a Single Aircraft with an Energy Vector Directed Towards the Primary Spectator Area

Figure 3-29. Typical Arc‑in Review or Banana Pass

Figure 3‑30. Helicopter Takeoff and Landing Areas

Figure 3‑30A. Maneuvers Toward the Primary Spectator Area‑360 Degree Turns Using Bank Angles of Less Than 90 Degrees

Figure 3‑31. Aircraft Approach and Exit to and from a Flying Display Area Bordered by Congested Areas

Figure 3-32. Sample FAA Form 7711‑2, Certificate of Waiver Application

Figure 3-32A. Sample FAA Form 7711‑2, Certificate of Waiver Application (Back)

Figure 3-33. FAA Form 7711-2, Application for Parachuting Authorization

Figure 3-33A. FAA Form 7711-2, Request for Parachuting Authorization (Back)

Figure 3-34. Sample FAA Form 7711‑1, Certificate of Waiver

Figure 3-35. FAA Form 8710-7, Statement of Aerobatic Competency

Figure 3-36. Transport Canada Form 26‑0307, Statement of Aerobatic Competency

Figure 3‑37. Sample Endorsement for Increase Angle of Pitch and Bank

“I have observed Mr. /Ms. [pilot’s full name]_____, Certificate Number _________________, execute maneuvers up to 90 degrees of pitch and bank and find him/her proficient and competent in those maneuvers in the following Make and Model of airplane: _______________. ”

This endorsement may be entered in the logbook or issued in the form of a letter. This endorsement may only be made by an FAA operations inspector, an ICAS aerobatic competence examiner or a designated pilot examiner authorized to administer a practical flight test in this make and model of airplane.

Figure 3‑38. Sample Aircraft Status and Inspection Form

Figure 3‑39. Pyrotechnic Briefing Checklist

The following briefing issues must be discussed and deconflict with all pilots during the general safety brief. Each item need only be covered by one person. Any general item covered by the briefer need not be covered by the pyrotechnic shooter in charge (PSIC).

Item

Conducted by Briefer

Conducted by PSIC

exact dimensions and location of the pyrotechnics area *





magnitude of explosives being used*





aircraft/pyro deconfliction plan*





pyro crew and crash/fire/rescue positions





communications frequency and procedure*

 

 

principal





secondary





discrete





emergency procedures*

 

 

fire





accident/injury





pyro sequence by act*

 

 

location





strafe direction(s)





bomb direction(s)





altitude and flyby lines*





forecast winds and effects on pyro*





fod potential and effects





kio (knock it off) procedures*





*NOTE: These items comply with, and are required by “Addition to AFI 11‑246 V1, ACC Sup 1.”

Signatures:

Briefer

PSIC

Figure 3‑40. Typical Air Race Site

Graphic depicting the layout of the safety radius of a typical air race site.

Figure 3-40A. Typical Unlimited Racecourse Site

Figure 3-40B. Sample Racecourses

3.0 MILE [5.0 KM] FORMULA ONE AIR RACECOURSE

Graphic showing layout of a 3.0 mile Formula One sample race course and the relationship (in feet) between each area of the site.

2.0 MILE FORMULA V AIR RACECOURSE

Graphic showing layout of a 2.0 mile Formula Five sample race course and the relationship (in feet) between each area of the site.

Figure 3-41. Example of a Balloon Competition Manual

BALLOON COMPETITION MANUAL

This manual has been prepared as part of the application for the issuance of a Certificate of Waiver with attachments and special provisions for a Manned Free Balloon Competition on [insert date]. [Insert event name] BALLOON RACE.

Table of Contents

I.          Purpose.

II.         Responsibilities and Procedures.

a)     Duties of Personnel.

b)     Registration and Airworthiness Determination.

c)     Pilot and Event Flight Crewmembers.

d)     Pilot/Crew Briefing Responsibilities.

e)     Letter of Agreement.

f)      Event Documentation.

III.       Ground Operations.

a)     Clear Areas.

b)     Spectator Areas.

c)     Crowd Control Requirements.

d)     Landowner Relations/Notification.

IV.       Flight Operations.

a)     Areas of Operations.

b)     Types of Operations.

c)     Altitudes.

d)     Weather Requirements.

e)     Communications Requirements.

f)      Air Traffic Coordination.

Section I. Purpose.

This manual is submitted as a part of an application for a waiver of Title 14 of the Code of Federal Regulations (14 CFR) part 91, §§ 91.119(b) and 91.119(c), by the [insert name of organization] for the [insert name of event] Balloon Race. Specifically, the waiver will allow officially registered balloons to operate at an altitude of no less than [insert number] feet above the highest obstacle within a [insert number]‑foot radius of the balloon en route to the target within a [insert number] nautical mile (or other specified distance) radius of the designated launch field or goal. It will also allow for officially registered balloons to operate at [insert number] feet AGL over spectators and to set goals and/or targets at a minimum distance of [insert number] feet from physical barriers provided for spectator control.

No waiver is requested nor is a waiver required by 14 CFR for any mass ascensions or pilot choice launches.

Section II. Responsibilities and Procedures.

a)   Duties of Personnel.

1)      Event Director—[insert name].
2)      Operations Director—[insert name].
3)      FAA Liaison—[insert name].
4)      Weather Officer—[insert name].
5)      Safety Officer—[insert name].

b)   Registration and Airworthiness Determination.

Balloons flown at the event must have current certificates of registration and airworthiness, or in place of the latter, an equivalent document from the Federal Aviation Administration. Chapter [insert number] of the competition rules cover procedures for balloons damaged or otherwise made unairworthy during the event. Throughout the event the Safety Officer or his designees; and appropriate FAA personnel will be consulted as necessary.

c)   Pilot and Event Flight Crewmembers.

Each pilot must hold the appropriate pilot certificate (Private or Commercial) with Lighter‑than‑Air Category and Free Balloon Class Rating. Each pilot must show evidence of current Flight Review (14 CFR part 61, § 61.56) and must also show evidence of currency per § 61.57. Minimum hours as PIC per the organizers specified time must also be shown.

Event flight crewmembers carried on board a balloon during the event must have been briefed by the pilot of the balloon and must attend the pilot briefing for that flight. Each event flight crewmember must sign the waiver form supplied by the pilot. Each event flight crewmember must attest that they have attended the applicable pilot briefing(s) and have read and understand the conditions of the waiver. Only [insert number] event flight crewmember(s) may be carried in each balloon during the flight.

d)   Pilot Crew Briefing Procedures.

All pilots are required to sign a statement indicating that they have read and understand the provisions of the waiver and the official [insert title] Competition Rules prior to any competitive flight.

Before each flight all pilots must attend the flight briefing. Chapter [insert number] of the competition rules provides details of all briefings.

e)   Letter of Agreement.

Letter of agreement will be issued and signed as required for the specific type of event.

f)    Event Documentation.

All relevant registration files, task data sheets, pilot registration information etc., will be maintained by the organizer at least [insert number] days after the event and will be made available to the FAA Monitor upon request. Competition maps and task sheets will be made available to the FAA Monitor at the time of the pilot briefing.

Section III. Ground Operations.

a)   Clear Areas.

Clear areas are established at each target site. These areas are kept clear of spectators and are usually fenced. [Insert type of officials] will police any area (such as the target area on the main launch field) to keep unauthorized persons out. In the Minimum Altitude Diagram, this is referred to as the “Target Area.”

b)   Spectator Areas.

The primary competitive spectator area is located at the main launch site. Crowd control is initiated by physical barriers around the launch site and target areas controlled by [insert type of officials]. Official and balloon recovery vehicles are parked in restricted areas. Traffic is controlled by local police as required. Use of existing and temporary barriers secure spectators from the briefing area and headquarters and from potential low level flight areas surrounding goals/targets (see additional remarks under “ALTITUDES”).

Competitive goals/targets set outside of the primary launch area in remote areas attract few, if any, spectators beyond those involved in race operations (officials and crews). Scoring/measuring officials control these areas as determined by conditions, and will isolate the area surrounding the goal/target from any unauthorized personnel.

c)   Crowd Control Requirements.

Crowd control will be provided by [enter law enforcement agency name(s)] agencies and officials of the balloon event under the direction of the Safety Officer.

d)   Landowner Relations/Notification.

Positive landowner relations are vital to the continuance of sanctioned events. There is an ongoing effort by all involved persons to maintain good landowner relations for the event. Additionally, as per Rule [enter number] pilots must obtain permission for launch from private property; and per Rule [enter number] minimize disturbing landowners. Landowners may request that their property be indicated on the competition map as a Prohibited Zone (PZ) as per Rule [enter number].

Section IV. Flight Operations.

a)   Area of Operation.

The operations will occur in a [insert number] mile radius of the launch field located at [insert name] Airport as indicated on the official competition map (to be provided as requested). Final landings may occur beyond these boundaries, but no pilot choice takeoffs or mass ascensions will exceed these boundaries. Headquarters for the event operations will be located at the [insert name of location].

b)   Types of Operations.

The event will consist of single and multiple tasks as called by the Director after consultation with other approved competition officials, as appropriate, considering the conditions at hand and forecast to develop during the anticipated flight times.

The tasks will include:

1)   Pilot Declared Goal.

Each pilot will fly from a launch area and will attempt to drop a marker close to a goal selected by him/her. Pilots define goals by description and map reference. The goals are declared in writing and given to a timekeeper. Each pilot flies from the designated launch area and attempts to drop a marker close to the selected goal. The result is the distance from the declared goal to the observed mark. The shortest distance wins. The landing after dropping the marker cannot be less than 1,500 feet from the declared goal.

2)   Judge Declared Goal.

Each pilot flies from the designated launch area and attempts to drop a marker as close as possible to a goal set by the officials. The result is the distance from the declared goal to the observed mark. The shortest distance wins. The landing after dropping the marker cannot be less than 1,500 feet from the declared goal.

3)   Multiple Judge Declared Goal.

Each pilot flies from the launch area and chooses one of a number of goals set by the officials. The pilot attempts to drop a marker near the goal chosen. The result is the distance from the observed mark to the nearest goal. The shortest distance wins. The landing after dropping the marker cannot be less than 1,500 feet from the selected goal.

4)   Hare and Hound.

A hare balloon will fly from the launch area and each pilot will attempt to fly near the final landing place of the hare and drop the marker. In the West, this may be referred to as the “Road Runner Race.” The lead balloon, “the hare,” takes off several minutes before the rest of the balloons and drops a marker at a designated point. The hare balloon deflates and is removed from the landing area. The marker dropped by the hare balloon becomes the target for the later balloons, “the hounds.” The hounds try to drop markers as close as possible to the hare balloon’s target. After dropping the marker from the hound balloon, landing is at the pilot’s discretion but cannot be less than 1,500 feet from the target.

5)   Fly In Task.

Pilots find their own launch areas and attempt to reach a set goal or target.

6)   Fly On Task.

A task where a pilot declares a goal to which he flies, after dropping his marker in another task.

7)   Gordon Bennett Memorial.

The competitors will maneuver their balloons a prescribed distance from a target on the ground (scoring area). They will then attempt to maneuver back to the scoring area and drop markers on the target.

8)   Max Distance—Minimum Distance.

Pilots will attempt to drop their markers in the Scoring Area a maximum or minimum distance from the launch point as specified on the task sheet.

9)   Elbow (ELBO).

Each pilot flies from the launch area and attempts to achieve the greatest change of flight direction during the flight with the least angle of divergence. A 180‑degree change in direction with a zero angle of divergence is best. Two concentric circles, specific distances apart, surround the launch point. The pilot drops two markers. The first marker must be dropped between the inner and outer circle. The second marker must be dropped within the outer circle. The second marker cannot be less than 5,000 feet from the first marker. Landing after dropping the marker is at the pilot’s discretion.

10) Convergent Navigational Task (CNT).

Officials establish a goal, but pilots find their own launch areas for the attempt to reach the goal. The boundary of the launch area declared by the pilot is the physical boundary of a field or a circle with a 300‑foot radius from the inflation point, whichever is less. The officials place a target at the goal 30 minutes before the launch period. The pilot launches from a selected site, attempts to navigate to the target, and drops a marker. The result is the distance from the target to the marker. The shortest distance wins. The landing after dropping the marker is at the pilot’s discretion but cannot be less than 1,500 feet from the target.

11) Watership Down.

This is a two‑part task. Pilots find their own launch sites and fly to a target established by the officials. At a specified time before the launch, a hare balloon takes off adjacent to the target and drops a marker at a designated point. This marker becomes the second target. The hare balloon deflates, and the envelope remains flattened on the ground to serve as a guide to the second target area. Each competing pilot drops a marker as close as possible to the first target, which was the launch site of the hare balloon. Pilots then fly‑on to drop a second marker as close as possible to the target marker placed by the hare balloon.

12) Key Grab.

This event usually has a target (generally a tall pole with the keys to a new automobile affixed to the top) in a centralized location. The balloonist must depart a predetermined distance from the target. The object is to maneuver the balloons, one by one, over the target so the pilot can attempt to grab the keys as the balloon goes by the pole.

The area around the pole must be completely clear of spectators and under the control of the event officials. Event organizers should have portable bull horns or a public address system to control the crowd movements or to direct the balloonist away from the target area in an emergency. If these precautions are observed, a waiver of § 91.119(c) can be issued to allow operations closer than 500 feet to the crowd.

The event organizer must establish procedures to ensure that the balloonists will abort the key grab attempt if it becomes apparent that the balloons’ ground tracks will not be within the operating area or when a realistic chance for the key is no longer possible. The landing areas must be segregated from the spectators; only bona fide recovery crews should be present in the landing area to assist the balloonist with recovery. All participants must be briefed before the operations.

c)   Minimum Altitude Diagram.

Graphic depicting minimum altitudes (in feet) for balloons over congested and noncongested areas and the target area.

d)   Altitudes.

The waiver provides that registered balloons will be allowed to make approaches to targets and/or goals within the designated areas. Balloons making these approaches will be permitted to fly over the designated spectator areas at an altitude of not less than [insert number] feet AGL. The balloons must have attained a state of altitude equilibrium at this [insert number]‑foot minimum altitude and not be descending while passing over designated spectator areas. It is felt that this altitude is sufficient to allow for unusual circumstances with an adequate margin of safety for spectators.

In order to provide the highest possible level of safety for spectators, the scoring officials will cause scoring/measuring officials to be positioned among the spectators to allow crowds to be shifted as necessary and to provide warning regarding any markers that may be dropped in the spectator areas. Announcements over the public address systems will also advise the spectators of the possibilities of both low flying balloons over the area and of markers being dropped in this area.

e)   Weather Requirements.

Flight operations will be conducted during the period from published sunrise to sunset, with the visual flight rules (VFR) and weather conditions as specified in § 91.155. Maximum demonstrated surface winds must be [insert number] or less.

The decision for flight is the sole responsibility of the pilot and the decision of whether to hold a task is the sole responsibility of the director after consultation with appropriate safety officials.

f)    Communications Requirements.

Primarily by required pilot briefing, however, supplementary information is also given on local radio stations and on the public address system. Most pilots carry either FM, CB, or aircraft radios, and some communication is possible by radio.

g)   Air Traffic Coordination.

A NOTAM will be requested from the [insert name] FSS advising air traffic of numerous balloons in the [insert name] area at varying altitudes from [insert date] through [insert date] during the three hours immediately after sunrise and three hours prior to sunset.

This Operations Manual includes the information and requirements contained in the following attachments.

ATTACHMENTS:

Sectional of Area

List of Pilot Entries

Schedule of Events

Statement of Responsibility

Competition Rules

Figure 3-41A. Preshow Briefing Guide

AVIATION EVENT PRESHOW BRIEFING GUIDE

WHO SHOULD ATTEND:

ALL PERFORMERS:

Airshow Pilots

Tow/Jump Aircraft Pilots

Skydivers

Military Flight Demo Pilots

Air and Ground Pyrotechnic Technicians

Jet Vehicle Drivers

Narrator(s)

Remotely Deployed Aircraft Pilots (via telecon)

At least one (1) representative pilot for each military team

KEY OPS/SUPPORT PERSONNEL:

Air Boss

Air Traffic Control

Fire Chief/CRS

EMS Helicopter

Smoke Oil/Refueling Chief

Aircraft Marshallers Chief

Maintenance Chief

Crowd Control Chief

FAA (or assigned) MONITOR:

WEATHER BRIEFER:

AIRSHOW DIRECTOR/EVENT SPONSOR:

(Including that person named on the waiver as being “responsible to ensure safety of the event”)

 

WHO SHOULD NOT ATTEND:

Pets

Individual Sponsors

Media Representatives

Spouses

Children

Relatives/Friends

Anyone not directly associated with the performance

 

BRIEFING:

ROLLCALL: Those not attending the briefing MAY NOT participate in this performance!

INTRODUCE KEY OFFICIALS:

TIME HACK:

CURRENT WEATHER AND FORECAST: (Include regional and national weather by quadrants on the last day, for departing aircraft)

REVIEW NOTAM(S)/TFR:

REVIEW WAIVER AND SPECIAL PROVISIONS:

REVIEW AREA MAP:

Hold Points/Turn Directions Altitudes

Noise Abatement Procedures

Sensitive Areas

Special Use Airspace

Remote Recovery Airports

Obstructions

Controlled/Emergency Bail Out/Ditching Procedures

AIRPORT STATUS:

Airspace

Runways In Use

Facilities

Arresting Cables

Traffic Patterns

AIRSHOW LAYOUT:

Sequence of acts and their cues for positioning

Show Lines

Spectator Areas (Primary/Secondary)

Ground Based Pyro

Hazards

Aircraft Parking

Taxi Routes

Crash Rescue Runway Watch Locations

Unique Local Items/Conditions

Figure 3-42. Circling the Jumpers Briefing

Note:       An endorsement of “Circling the Jumpers” on FAA Form 8710-7 is no longer required for the circling aircraft pilots.

In the event that a performance involves aircraft operating in the vicinity of parachutists, whether in free fall or under deployed canopies, all pilots and the jump master or team leader of the parachutists involved shall be present at the airshow briefing. The air boss or responsible person shall ensure that each participant understands the details of the performance which shall include, at the minimum, the following information:

a) The number of jumpers performing,

b) The types of and/or colors of parachutes,

c) The exit altitude and deployment altitude,

d) The planned flight path prior to exit, as well as, the descent area of the jump aircraft,

e) The number, make(s)/model(s) and color of the aircraft involved, and

f) Procedures to be used in the event of an unexpected occurrence.

If at any time the air boss determines that the circling the jumpers in not proceeding as briefed, the air boss must give a “Knock It OFF” to the circling aircraft. Upon receiving a “Knock It Off” the circling aircraft will make a cautious turn away from the jumpers and go to the previously determined holding area and wait for instructions from the air boss.

RESERVED. Paragraphs 3‑163 through 3‑180.


6/6/12                                                                                                                           8900.1 CHG 0

Volume 3 General Technical Administration

 CHAPTER 13  LEASE AND INTERCHANGE AGREEMENTS

Section 6  Process an Aircraft Lease Agreement for Regulatory Compliance Under § 91.23

3-496           PROGRAM TRACKING AND REPORTING SUBSYSTEM (PTRS) ACTIVITY CODE. 1440.

3-497      OBJECTIVE. The objective of this task is to determine if an aircraft lease complies with Title 14 of the Code of Federal Regulations (14 CFR) part 91, § 91.23. Successful completion of this task results in a determination of whether the lease is in compliance or not with § 91.23.

3-498      GENERAL.

A.     Definitions.

1)      The lessor is the person furnishing the aircraft.
2)      The lessee is the person to whom the aircraft is furnished.
3)      For the purpose of § 91.23, a lease means any agreement by a person to furnish an aircraft to another person for compensation or hire, whether with or without crewmembers, which is not a contract of conditional sale under section 101 of the Federal Aviation Act of 1958 (FA Act).
4)      Conditional sale is defined in the FA Act as:
a)      “… any contract for the sale of an aircraft … under which possession is delivered to the buyer and the property is to vest in the buyer at a subsequent time, upon the payment of part or all of the price, or upon the performance of any other condition or the happening of any contingency ….”
b)      “any contract for the bailment or leasing of an aircraft … by which the bailee or lessee contracts to pay as compensation a sum substantially equivalent to the value thereof, and by which it is agreed that the bailee or lessee is bound to become, or has the option of becoming, the owner thereof upon full compliance with the terms of the contract. The buyer, bailee, or lessee shall be deemed to be the person by whom any such contract is made or given.”
5)      Conveyance is defined in the FA Act as “a bill of sale, contract of conditional sale, mortgage, assignment of mortgage, or other instrument affecting title to, or interest in, property.”
6)      Operation of aircraft or operate aircraft is defined in the FA Act as “… the use of aircraft, for the purpose of air navigation and includes the navigation of the aircraft. Any person who causes or authorizes the operation of aircraft, whether with or without the right of legal control (in the capacity of owner, lessee, or otherwise) of the aircraft, shall be deemed to be engaged in the operation of the aircraft within the meaning of this Act.”
7)      Operational control is defined in 14 CFR as “with respect to a flight, … the exercise of authority over initiating, conducting, or terminating a flight.”
8)      In a wet lease the lessor normally exercises operational control. There may be situations during which the lessor provides the aircraft and flightcrew (pilots and Flight Engineer (F/E)), but the lessee provides the cabin crew (Flight Attendants (F/A)). In this case, the lease would be a wet lease.

B.     Regulatory Authority. Section 91.23 establishes truth‑in‑leasing requirements in leases and conditional sales contracts of large civil aircraft of U.S. registry.

1)      Illegal and unsafe operations may occur when leases or contracts do not specify who is legally responsible for operational control of the aircraft. In some cases, the lessee may be aware of his or her responsibility for operational control of the aircraft but does not recognize responsibility for compliance with 14 CFR.
2)      Some owners of large airplanes may attempt to evade complying with the certification and operating requirements of 14 CFR part 121, 125, or 135 by using devious leases or conditional sales contracts. Usually this attempt appears as though the lessee or conditional buyer has operational control of the aircraft, when, in fact, he or she does not. This assumption of responsibility creates a safety problem and can involve legal liability.
3)      To engage legitimately in “charter” service for compensation or hire, a company must be certificated as an air carrier or commercial operator. The inspector’s primary concern in processing or evaluating an aircraft lease or contract is determining evidence of operational control and that common carriage is not involved. Evasively worded lease agreements should be questioned and brought to the attention of the regional counsel.
4)      The regulation requires that the lease identify the maintenance program that the aircraft has been under for the preceding 12 months and the person or parties considered responsible for operational control of the aircraft. A copy of the agreement is required to be carried in the aircraft during all operations conducted under the terms of the lease or contract.

3-499      NOTIFICATION. Unless otherwise authorized, the operator is required to give the district office (nearest to the airport where the lease or contract flight will originate) a 48‑hour advance notification of the flight.

A.     Method. Notification is usually either by telephone or in person.

B.     Deviation. To provide some relief in cases where the 48‑hour notification requirement would create a hardship, the office manager may allow receipt of notification in less time. Factors to be considered in doing so are:

1)      Inspector availability.
2)      Location of departure airport.
3)      Results of prior surveillance of the proposed operator.

C.     Required Information. Under § 91.23, the following information must be provided to the district office:

1)      Location of the airport.
2)      Departure time.
3)      Registration number of aircraft involved.

D.    Planning Information. The district office needs the following information for planning purposes:

1)      Who is going to fly the aircraft (crew names, if known)?
2)      Where the aircraft is presently located?
3)      Aircraft destination and en route stops, if any.
4)      Nature of mission (cargo, passenger, or both).
5)      Where and when the aircraft can be seen before departure?
6)      Type of aircraft.
7)      Who is the lessee?
8)      Who is the lessor?
9)      Name of the person or parties considered to be responsible for operational control of the aircraft.
10)  Type of inspection and maintenance program the aircraft has been under during the preceding 12 months.
11)  Status of compliance with applicable maintenance and inspection requirements.

3-500      FACTORS TO BE CONSIDERED AFTER RECEIPT OF A LEASE NOTIFICATION. The inspector, in coordination with the office manager, is in the best position to decide if a ramp inspection is necessary. Not all lease notifications require an inspection. The following suggestions may assist in evaluating a lease notification to determine if an inspection is necessary.

A.     Personal Knowledge of the Lessee or Lessor. No purpose would be served in conducting a ramp inspection of an aircraft leased from an owner that the district office knows to have a good compliance and safety record.

B.     Personnel Qualifications. Effective ramp inspections can be conducted without the inspector being personally qualified in or familiar with the aircraft involved. However, if there is reason to suspect either the condition of the aircraft or the qualifications of the flightcrew, personnel should be assigned who have the expertise to conduct the appropriate inspection. At times, it might be necessary to request outside assistance from the appropriate Regional Office (RO).

C.     Type of Mission. It may be appropriate to give greater consideration toward conducting a ramp inspection of an aircraft involved in passenger carrying operations than one limited to cargo only.

D.    Type of Inspection and Maintenance Program. A determination should be made as to the type of inspection and maintenance program the aircraft has been under during the preceding 12 months. If the aircraft is currently maintained under a known program, such as a continuous airworthiness inspection program of a part 121 operation or an approved aircraft inspection program of a part 135 operator, there may be little need for an airworthiness inspection. If the aircraft has been operated as a public aircraft immediately preceding the current lease agreement, consideration should be given to an inspection to determine if the airworthiness certificate is still valid.

E.     Indicates new/changed information.Conduct of Ramp Inspections. If a ramp inspection is to be conducted, the inspector should also follow the procedures in Volume 6, Chapter 1, Section 4, Conduct a Part 91 Ramp Inspection.

3-501      ALLOWABLE COMPENSATION. The lessor may charge for the aircraft and services as provided in part 91 subpart D. The lessor does not need to be certificated under part 121, 125, or 135.

3-502      PART 91 SUBPART D. Section 91.501 prescribes those operations of large and turbine‑powered U.S. civil airplanes and allows certain compensation and charges without requiring certification under part 121, 125, or 135. Additionally, certain small aircraft (less than 12,500 pounds) may be operated under part 91 subpart D through an exemption issued to the National Business Aircraft Association (NBAA).

A.     Corporate Aircraft. In general, the use of corporate aircraft is noncommercial in nature and a corporation may make charges to subsidiaries, affiliates, or divisions for the use of the aircraft incidental to and within the scope of its business. The key element here is that the aircraft operator does not engage in common carriage (i.e., “holding out” to the public).

B.     Types of Agreements. There are three types of agreements in which certain compensatory charges may be allowed.

1)      A time sharing agreement means an arrangement whereby a person leases an airplane with a flightcrew to another person. No charge is made for the flight conducted under that arrangement other than for the items listed in § 91.501(d). Absent from the list are pilot salaries, a pro rata share of the overhead, hangar and maintenance expenses, and interest or amortization costs for the airplane. The Federal Aviation Administration (FAA) feels that permitting the additional 100 percent of the fuel costs approximates the other overhead costs while limiting the financial return below a profit level.
a)      Time sharing is essentially a wet lease of the aircraft and an agreement or lease is required by regulations. Operational control and the relationship of the parties using the aircraft are the keys to how agreements may be handled. Operational control is deemed to rest with the pilot in command (PIC) and, by extension, to the employer of the pilot. In a wet lease where the pilot is furnished by the owner of the aircraft, that pilot is deemed in operational control.
b)      The FAA requires that a copy of any operating agreement or lease covering operations under time sharing (and also interchange) be mailed to the FAA Airmen and Aircraft Registry Division, P.O. Box 25724, Oklahoma City, OK 73125, within 24 hours of its execution. In addition, a copy of the lease, contract, or agreement should be carried in the aircraft when the aircraft is being operated under the terms of the lease or agreement (§ 91.23). This does not imply the need for FAA approval either before or ultimately for the terms of the contract. Filing is for record purposes only.
2)      An interchange agreement means an arrangement whereby a person leases an airplane to another person in exchange for equal time, when needed, on the other person’s airplane or for a monetary payment that does not exceed the difference between the cost of owning, operating, and maintaining the exchanged airplanes.
a)      Interchange covers the case where a company that operates an airplane wishes to borrow another company’s airplane for a trip. The agreement can provide for the mutual exchange of airplanes and crews with provisions to equalize the expenses with an appropriate payment. For instance, a company using a business jet can interchange use of the aircraft with a company using a turboprop airplane. Total costs per hour of use would be different and payment is allowed to compensate for the cost differential.
b)      The provisions for recording an interchange agreement are the same as for time sharing.
3)      A joint ownership agreement means an arrangement whereby one of the registered owners of an airplane employs and furnishes the flightcrew for that airplane and each of the other registered owners pays a share of the charges specified in the agreement between the owners.
a)      Under joint ownership, an agreement may be reached as to the percentage of ownership and location of operational control. Two companies can agree to purchase the airplane and share it 60 –­ 40 with the pilot, maintenance, etc., being the responsibility of one company. That company is deemed to exercise operational control by the FAA. All costs for owning, operating, and maintaining the aircraft can be divided according to the agreement.
b)      The joint owners must file joint ownership records with the FAA Aircraft Registration Branch (AFS‑750), P.O. Box 25504, Oklahoma City, OK 73125‑0504, and secure the appropriate registration for the airplane. Failure to file the appropriate title and bill of sale showing joint ownership can be considered a violation of the rule.

3-503      SECURITY OF LEASES/AGREEMENTS. The lease or agreement furnished by an operator may contain sensitive commercial or financial information. It is, therefore, privileged and confidential and will not be made available to the public or copied by the inspector.

3-504      PREREQUISITES AND COORDINATION REQUIREMENTS.

A.     Prerequisites. This task requires knowledge of the regulatory requirements of part 91 and FAA policies and qualification as an aviation safety inspector (ASI) (Operations).

B.     Coordination. This task may require coordination with the regional counsel, Airmen Certification Branch (AFS‑760), and Aircraft Registration Branch (AFS‑750).

3-505      REFERENCES, FORMS, AND JOB AIDS.

A.     References (current editions).

·        Title 14 CFR parts 1; 61; 63; 67; 91, § 91.23; 91, § 91.501; 121; 125; and 135.

·        Advisory Circular (AC) 91‑37, Truth in Leasing.

·        FAA Order 8720.1, Truth in Leasing Notification (FAR Section 91.23).

·        PTRS Field Office Manual.

B.     Forms. FAA Form 8000‑36, Program Tracking and Reporting System Data Sheet.

C.     Job Aids. Sample letters and figures.

3-506      PROCEDURES.

A.     Request Lease. After being notified that a lease has been agreed upon, request a copy of the lease. Inform the lessee that he or she can either mail the copy or bring it in personally to the district office.

B.     PTRS. Open the PTRS file.

C.     Review Lease. Review the lease (Figure 3‑64. Sample Lease) to determine compliance with § 91.23. Check for:

·        Aircraft maintenance program.

·        Operational control of aircraft.

·        Name and address of operator.

·        Not contrary to parts 121, 125, or 135 applicability.

·        Signature certifying acknowledgment of responsibilities.

D.    Lease Not in Compliance. Return the lease to the operator. Inform the operator in writing (Figure 3‑65. Sample Letter Informing Operator of Needed Corrections in Lease) of the corrections needed for compliance.

E.     Lease in Compliance. If the lease is in compliance with § 91.23, inform the district office manager that the lease is in compliance. Determine whether a ramp inspection is necessary, taking into account the following:

·        Whether the aircraft owner (the lessor) has a good compliance and safety record known to the office manager.

·        Availability of qualified inspectors to conduct the inspection.

·        Type of operation to be conducted (passenger carrying or cargo carrying).

·        Type of inspection and maintenance program the aircraft has been under during the preceding 12 months.

F.      Indicates new/changed information.Conduct the Ramp Inspection. If a ramp inspection is necessary, see Volume 6, Chapter 1, Section 4.

G.    Questions Concerning Compliance. If there are still questions regarding either the lease format or who has specific operational control of the aircraft, contact the regional counsel for guidance and proceed with the counsel’s instructions.

H.    Forward the Report. If the aircraft is not based in the inspector’s district, forward a copy of the PTRS report to the appropriate district office.

I.       File the Lease Agreement. File the lease agreement (and the job aid, if applicable) according to office procedures.

J.      PTRS Report. Complete FAA Form 8000‑36, Program Tracking and Reporting System Data Sheet.

3-507      TASK OUTCOMES. Successful completion of this task results in either:

·        An approved lease, or

·        A disapproved lease.

3-508      FUTURE ACTIVITIES.

·        Process additional leases from operator.

·        Future ramp inspections involving the lessee.

·        Possible enforcement investigation.

Figure 3-64. Sample Lease

______________(insert type, model and registration number of airplane, such as Convair 240; N124W) HAS BEEN MAINTAINED AND INSPECTED UNDER      (insert 14 CFR 91 or 14 CFR 121 as appropriate) FROM      TO      (insert date of execution of lease or contract after the word “to”; then go back 12 months and under 14 CFR part 121 during other parts of the 12 months, the dates and the 14 CFR part under which it was maintained for each period should be specified.)

IT WILL BE MAINTAINED AND INSPECTED UNDER      (insert 14 CFR Part 91 or 14 CFR Part 121 as appropriate) FOR OPERATIONS TO BE CONDUCTED UNDER THIS        (insert lease OR contact of conditional sale, whichever is correct).

_____________________(insert name and address of individual, company, or corporation) IS CONSIDERED RESPONSIBLE FOR OPERATIONAL CONTROL OF ALL AIRCRAFT IDENTIFIED AND TO BE OPERATED UNDER THIS       (insert lease or contract of conditional sale).

AN EXPLANATION OF THE FACTORS BEARING ON OPERATIONAL CONTROL AND THE PERTINENT REGULATIONS CAN BE OBTAINED FROM THE NEAREST FAA FLIGHT STANDARDS DISTRICT OFFICE.

I, THE UNDERSIGNED       (insert name and address of responsible party) CERTIFY THAT I AM RESPONSIBLE FOR OPERATIONAL CONTROL OF THE AIRCRAFT AND THAT I UNDERSTAND MY RESPONSIBILITIES FOR COMPLIANCE WITH APPLICABLE REGULATIONS.

Signature and Title (lessor)  Date and time of execution

Signature and Title (lessee)  Date and time of execution

Figure 3-65. Sample Letter Informing Operator of Needed Corrections in Lease

FAA LETTERHEAD

[DATE]

[APPLICANT’S NAME AND ADDRESS]

Dear ____:

Indicates new/changed information.We have reviewed the lease which you submitted for [identify aircraft by make, model, and N‑number]. We are unable to process the lease until corrections are made to the following clauses to bring them into compliance with 14 CFR part 91, § 91.23:

List all unsatisfactory clauses and their appropriate 14 CFR references.

If you require assistance in adjusting the above clauses, please contact this office at [include the telephone number and operating hours of the district office].

Sincerely,

[Signed by the reviewing inspector]

RESERVED. Paragraphs 3‑509 through 3‑525.


4/26/12                                                                                                                     8900.1 CHG 192

Volume 3 General Technical Administration

chapter 18 Operations Specifications

Section 3  Part A Operations Specifications—General

3-736           DISCUSSION. This section and sections 4, 5, and 6 of Volume 3, Chapter 18 discuss each standard template available for issuance by the automated Operations Safety System (OPSS), also known as the Web‑based automated Operations Safety System (WebOPSS). These templates are more commonly referred to as “paragraphs.” The standard paragraphs discussed in this order are limited to operations in accordance with Title 14 of the Code of Federal Regulations (14 CFR) parts 91, 91 subpart K (91K), 121, 125 (including Letter of Deviation Authority (LODA) 125 subpart M (125M)), 135, and 145.

A.     Definition of OpSpecs. The standard paragraphs for parts 121, 125, 135, and 145 are called operations specifications (OpSpecs).

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

C.     Definition of LOAs. The standard paragraph for part 91 and 125M are called letters of authorization (LOA).

D.    Other Source Documents. References are provided to other sections of this handbook, to advisory circulars, or other applicable documents that discuss detailed requirements for certain standard paragraphs.

E.     Ensure Complete Review. Before issuing a standard paragraph, any specific requirements specified by this order or the referenced material (relative to the paragraph being issued) must be met. Before reading the following sections for the first time, review the applicable paragraphs available in the OPSS for the specific regulation.

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

Note:       All 300‑series (300–399) OpSpecs/MSpecs/training specifications (TSpec)/LOAs (Parts A, B, C, D, E, and H) require approval by the appropriate headquarters (HQ) policy division. Title 14 CFR part 91K, 125, 125M, 133, 137, and 141 operators’ nonstandard operational requests must be approved by the General Aviation and Commercial Division (AFS‑800); parts 121, 135, and 142 nonstandard operational requests must be approved for issuance by the Air Transportation Division (AFS‑200); part 145 repair station and all airworthiness nonstandard requests must be approved by the Aircraft Maintenance Division (AFS‑300); and All Weather Operations (AWO) relating to instrument procedures must be approved by the Flight Technologies and Procedures Division (AFS‑400). Any additional provisions and/or authority added to an OpSpec/MSpec/TSpec paragraph or LOA through the use of nonstandard text entered in the nonstandard text block (sometimes referred to as “Text 99”) must also be approved by the appropriate HQ policy division. For detailed guidance on the process for obtaining HQ approval for nonstandard authorizations, principal inspectors (PI) must read the guidance contained in Volume 3, Chapter 18, Section 2.

3-737           PART A OPERATIONS AND MANAGEMENT SPECIFICATIONS PARAGRAPHS.

OPSPEC/MSPEC A001, ISSUANCE AND APPLICABILITY.

A.     General. A001 identifies the OpSpec/MSpec holder. The name must be the legal name of the operator. A001 also specifies the kinds of operations authorized, the applicable regulatory sections under which the operations are to be conducted, and any other business names under which the operations are being conducted. See the new OPSS user’s manual for additional guidance to issue A001. Figure 3‑4 is a summary of the information required in OpSpec/MSpec A001.

Table 3‑4.         Summary of Information Required in OpSpec/MSpec A001

Type of Certificate

Any of the following may apply:

Type of Carriage:

Regulation Reference:

Economic Authority

Text to be inserted:

Air Carrier

Domestic

Common

119.21(a)(1)

(Part 121)

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

Air Carrier

Flag

Common

119.21(a)(2)

(Part 121)

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

Air Carrier

Supplemental Passenger

(more than 60 pax and/or >18,000# payload)

Common

119.21(a)(3)(i)

(Part 121)

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

Air Carrier

Supplemental All Cargo

Common

119.21(a)(3) (ii)

(Part 121)

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

Air Carrier

Commuter

(5+ trips/week)

Common

119.21(a)(4)

(Part 135)

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

Air Carrier

On Demand

(less than 5 round trips/week)

Common

119.21(a)(5)

(Part 135)

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

Operating

Flight

(Part 125)

Private

Non Common

119.23(a)

(Part 125)

and provided the certificate holder does not conduct any operation which results directly or indirectly from the certificate holder or any other person holding out to the public to provide for the carriage of person or property.

Operating

On Demand

(non scheduled)

Private

__________

Non Common

119.23(b)

(Part 135)

Ltd. to holding out to public

________

# of Con tracts

(Definitions)

119.23(b)(3)

and provided the certificate holder does not conduct any operation which results directly or indirectly from the certificate holder or any other person holding out to the public to provide for the carriage of person or property.

Air Carrier

Commuter

Rotorcraft

Common

119.25(a)

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

Air Carrier

On Demand

Rotorcraft

Common

119.25(b)

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

None

Fractional

Non Common

Part 91K

None.

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

1)      The operator shows that the DBA is listed on a DOT registration (proof of insurance);
2)      The operator shows that the DBA is listed on a DOT certificate of public convenience and necessity;
3)      The operator shows that the DBA is authorized by a DOT order or other DOT document;
4)      When the operator claims the DBA is on file with the DOT, verification must be made by contacting the DOT Office of Aviation Analysis, Air Carrier Fitness Division, (202) 366‑9721; or
5)      When an “operating certificate” is involved, the operator shows that the DBA is authorized and registered by an appropriate state authority.
6)      DBAs can apply to 14 CFR part 91 subpart K, but they do not have economic authority requirements.

C.     Part 145. For part 145 repair stations, A001 lists the:

·        Location,

·        Mailing address (if different from the fixed location),

·        Other DBAs (see subparagraph B above) if authorized, and

·        Any delegated authorities.

OPSPEC/MSPEC A002, DEFINITIONS AND ABBREVIATIONS. A002 includes definitions of words or phrases used in other paragraphs. These definitions are not found in the regulations and should enhance understandings between the FAA and the aviation industry. Washington headquarters developed definitions must not be changed by regional or district offices. Washington headquarters will add definitions when it becomes apparent that they are needed. Addition of a definition by a certificate‑holding district office (CHDO) makes the whole paragraph nonstandard and must be processed as a nonstandard OpSpec/MSpec request.

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

D.    M/M/S: Parts 91K, 121, 125, and 135. Select the authorized M/M/S using the aircraft listing provided in the OPSS. If the appropriate M/M/S cannot be found in the OPSS, inspectors should immediately notify the OPSS help desk so that the airplane listing can be updated.

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

1)      Selections available for part 121:

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

·        Section 119.21(a)(2)—Flag (F),

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

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

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

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

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

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

3)      Selections available for part 135:

·        Section 119.21(a)(4)—Commuter,

·        Section 119.21(a)(5)—On‑Demand,

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

·        Section 119.25(a)—Rotorcraft Commuter, and

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

F.      Passenger Seating Terminology for Parts 121 and 125.

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

Note:       For part 135 OPSS data entry, “certificated seats” refers to the maximum seating capacity stated in the aircraft TCDS, which includes pilot seats. “Installed seats” are passenger seats actually installed in the individual aircraft. Office of the Secretary of Transportation (OST) Form 4507, Air Taxi Operator Registration and Amendments under Part 298 of the Regulations of the Department of Transportation, requires the applicant to list the passenger seats installed for the aircraft make and model. This does not include seats occupied by the pilot or co‑pilot, unless the latter is available for passenger use. OPSS data feeds the 14 CFR part 298 insurance registration and coverage module from “Maintain Operator Data—Aircraft” for certificated seats only.

6)      All‑cargo operations allow only passengers as defined in § 121.583(a) and part 135, § 135.85. For all‑cargo operations, the number “0” shall be entered into the columns labeled “Certificated Seats,” and “Demonstrated Seats.”
7)      In passenger/cargo operations, the passenger seating guidance in subparagraphs 3‑737C1) through 4) apply.

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

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

I.       Class of Operation. Enter the appropriate class of operation for each airplane listed. Enter only one class of operation for each airplane. The classes of operations are: Single‑Engine Land (SEL), Single‑Engine Sea (SES), Multiengine Land (MEL), Multiengine Sea (MES), and helicopter (HEL).

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

OPSPEC/MSPEC A004, SUMMARY OF SPECIAL AUTHORIZATIONS AND LIMITATIONS.

A.     Purpose. This paragraph summarizes optional authorizations applicable to a particular operator.

B.     Part 145. For part 145 repair stations, this paragraph summarizes special (optional) authorizations and/or limitations applicable to the certificate holder. The OPSS application extracts the specific paragraphs that authorize a specific activity; it provides a summary of the authorized activity and reference number of the specific paragraph.

OPSPEC/MSPEC A005, EXEMPTIONS AND DEVIATIONS. In order for an operator to conduct operations under the provisions of any exemption or deviation, the exemption or deviation must be listed in A005.

A.     Exemptions. The current exemption number and expiration date must be selected for insertion into A005. List the exemption numbers in numerical order. Enter a brief description of the exemption or, if appropriate, the exempted regulations in the space labeled Remarks and/or References (adjacent to each exemption). If certain conditions or limitations related to the exemption are specified in another paragraph of the OpSpec, the reference number of the other paragraph must also be entered in this space. For example, if a single high frequency (HF) radio is permitted by exemption in certain areas of en route operation, insert a reference to OpSpec B050 ( see paragraph B050). In this example, the appropriate areas of en route operation in B050 should contain a note authorizing the provisions of that exemption for those areas.

B.     Deviations. Enter the applicable 14 CFR sections to which a deviation has been granted in A005b. Select the applicable deviations by 14 CFR section. In the space labeled Remarks and/or References (adjacent to each deviation), briefly describe the provisions of the deviation. For example, if an operator is granted a deviation to permit the same person to serve as director of operations and director of maintenance, list the applicable 14 CFR. In the Remarks and/or Reference space, enter information specific to that operator or NA for “not applicable”. Table 3‑5 explains the standard OpSpecs paragraphs that must be referenced and issued when granting deviations in each subject area (others may also be applicable).

Note:       There are no deviations for part 145 repair stations.

Table 3‑5.         Standard OpSpecs Paragraphs to Reference When Granting Deviations

SUBJECT

PARAGRAPH NUMBER

APPROPRIATE REGULATION

Management

A006

Various, depends on operating regulation, management position, and qualifications

Extended‑Overwater Operations without liferafts

A013

Sections 121.339(a)(2), (3), and (4)

Basic Part 135 Operator

On‑Demand Operations Only

A038

Sections 119.69(b), 135.21(a), and 135.341(a)

Basic Part 135 Operator

Commuter and On‑Demand

A037

Sections 119.69(b), 135.21(a), and 135.341(a)

Part 135 Single Pilot‑in‑Command Operator

A039

Sections 119.69(b), 135.21(a), and 135.341(a)

Extended‑Range Operations with Two‑Engine Airplanes

B042

Sections 121.161(a)

Special Fuel Reserves in International (Flag) Operations

B043

Sections 121.645(b)(2)

OPSPEC A006, MANAGEMENT PERSONNEL.

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

1)      For deviations that permit less than the required management positions, leave the positions that are not filled blank. Enter “NA” for “not applicable” for single‑pilot operators and single pilot in command (PIC) operators.
2)      For deviations that permit the same person to fill two or more positions, enter the name and title of that person in the appropriate positions.
3)      For deviations that permit a person to hold a management position when that person does not meet the regulatory qualification requirements, enter the name and title of that person in the appropriate position.
4)      In all cases list the appropriate regulatory section in OpSpec A005(b) of the OpSpecs.

K.    Required Information. The OPSS must be accurate and contain at least the information required for OpSpecs in order for them to be correct. Additional text may be added to A006 without making it nonstandard, provided the extra paragraph is used to identify additional management positions (such as more than one chief pilot), or to specify conditions of a deviation. If the extra paragraph provides for anything other than the preceding, it must be processed in accordance with Volume 3, Chapter 2, Section 1, paragraph 3‑37B.

L.     Required Management and Technical Personnel Positions.

1)      Title 14 CFR part 119, § 119.65 requires management and technical personnel positions for certificate holders operating under 14 CFR part 121 (i.e., Director of Safety (DOS), Director of Operations (DO), chief pilot, Director of Maintenance (DOM), chief inspector).
2)      Section 119.69 requires management and technical personnel positions for certificate holders operating under 14 CFR part 135 (i.e., DO, chief pilot, DOM).
3)      Sections 119.67 and 119.71 specify the airman and experience qualifications for personnel serving in these positions for parts 121 and 135, respectively.
4)      Sections 119.67(e) and 119.71(f) specify airman, managerial, and supervisory experience deviation authority.
5)      The regulations are intended to ensure that persons holding these required management and technical positions have the measure of experience as well as the demonstrated capability needed to effectively manage these types of programs. In addition, persons exercising control over the maintenance and operations programs must have that level of qualification and experience that will allow these persons to carry out their duties and responsibilities with the degree of expertise consistent with the certificate holder’s responsibility to operate with the highest possible degree of safety.
6)      The deviation request element of the regulations is intended to provide the certificate holder a measure of flexibility in order to allow employment of persons who may not possess the exact type or level of experience outlined in the regulations but who have other experience that is found to be comparable. Further, the deviation request procedure is not intended to accommodate individuals who do not possess the length of experience required by the regulations.

M.  Management Deviation Request. When a certificate holder requests a management experience deviation, or management positions or numbers of positions other than the requirements of §§ 119.65 through 119.71, it must make such requests through its certificate‑holding district office (CHDO). The request must adhere to the following processes and procedures and contain a minimum of the information shown in subparagraph D1) below for evaluation:

1)      Management Deviation Request Contents.
a)      Full certificate name including doing business as (DBA) of the requesting entity (e.g., ABC Airlines, Inc. DBA XYZ Air);
b)      Complete address and certificate number of certificate holder;
c)      Full name and airman certificate number of the management applicant;
d)      Number of aircraft by category, class, and type;
e)      Number of employees/pilots/other crewmembers;
f)        Areas and kinds of operations (e.g., Continental United States (CONUS), domestic) authorized;
g)      Statement of operations authorized (e.g., single PIC, basic part 135 on‑demand only, part 121);
h)      Any other management deviations held by the certificate holder;
i)        Statement of why the certificate holder requires a management deviation, management position(s) involved, and what comparable experience the individual has that would justify the management deviation; and
j)        A resume for the individual that specifically outlines their work experiences and duration of each work experience to include, if appropriate, PIC, certified mechanic, and/or management experience for the kind of operations conducted.

Note:       The information contained in the resume must be verified by the principal operations inspector (POI) or principal maintenance inspector (PMI), as appropriate.

2)      Evaluating Management Experience Deviation Requests (Part 119).
a)      Lack of Airmen Certificates. The regulations do not permit the issuance of an airman certificate requirement deviation for individuals who do not hold the required airmen certificates or ratings. However, they may apply for an exemption under 14 CFR part 11.
b)      DOS Position. Each certificate holder that conducts operations under part 121 must have a DOS. This person is responsible for keeping the certificate holder’s highest management officials fully informed about the safety status of the company. An independent, full‑time position is required. However, in a small part 121 operation, the DOS functions may be an additional function of a current manager. Any request for a management deviation involving a DOS position must be approved by the Air Transportation Division (AFS‑200).

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

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

12.  DO/Chief Pilot Positions. Experience in any position where the normal duties and responsibilities included management/supervisory oversight and/or control of the development upkeep and the performance of one or more elements of an operator’s operational control system may be considered as comparable experience. Management positions, wherein the applicant exercised management decisionmaking processes, may be considered as comparable experience (e.g., assistant DO, assistant chief pilot, general manager). Experience involving operational control may also be acceptable (e.g., supervisory aircraft dispatcher, supervisory flight follower).

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

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

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

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

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

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

Table 3‑6.         Example for a Chief Pilot Deviation

POSITION/TITLE

LENGTH OF EMPLOYMENT

COMPARABLE EXPERIENCE

Part 135 PIC

24 months

Acceptable (24 months)

Assistant Chief Pilot

13 months

Acceptable (13 months)

Flight/Ground Instructor

26 months

Unacceptable (0 months)

 

Total: 37 months

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

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

·        The maintenance program manual;

·        Responsibility for airworthiness;

·        Maintenance and inspection organization;

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

·        Alterations performed by maintenance providers or contractors;

·        Continuing Analysis and Surveillance System (CASS);

·        Maintenance recordkeeping; and

·        Maintenance personnel training.

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

·        The inspection program policy and procedures;

·        Responsibility for airworthiness;

·        Inspection organization;

·        QA of the performance and approval of maintenance, preventive maintenance, and alterations;

·        Alterations performed by maintenance providers or contractors;

·        Maintenance recordkeeping; and

·        Inspection personnel training.

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

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

3)      Authority to Approve or Deny Management Requests. Deviation authority in § 119.71(f) extends the accountability for granting or denying deviations from this section to the AFS-200 division manager and the Aircraft Maintenance Division (AFS-300) division manager.
a)      A certificate holder may request a deviation through the assigned principal inspectors (PI). If the CHDO approves the deviation, the endorsement is then forwarded to the regional Flight Standards division (RFSD) for concurrence.
b)      The request to employ a person who does not meet the appropriate airmen experience requirements, managerial experience requirements, or supervisory experience requirements of this section will be reviewed by the AFS-200 or AFS-300 division manager, as appropriate.
c)      If the division manager finds, after consideration is given to the size and scope of the operation, that the person’s qualifications and experience are comparable with the sought after position, a deviation may be granted under § 119.71(f). The Administrator may, at any time, terminate any grant of deviation authority issued under this paragraph.
d)      AFS‑200 and/or AFS‑300, as appropriate, will return the package to the RFSD. AFS‑200 and/or AFS‑300 will reply in writing to the CHDO through the RFSD with a statement of approval or denial of the request. AFS‑200 and/or AFS‑300 will not take action on requests received directly from certificate holders or CHDOs without CHDO manager and RFSD manager recommendations.

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

OPSPEC/MSPEC A007, OTHER DESIGNATED PERSONS.

A.     Template A007. In the automated Operations Safety System (OPSS), Template A007 is used for identifying each operator’s agent for service, persons designated to apply for and receive applicable authorizations, persons designated to receive Safety Alerts for Operators (SAFO) and/or Information for Operators (InFO), and other designated persons. Each Template A007 is labeled specific to the OPSS 14 CFR database:

1)      Title 14 CFR parts 121, 125, 133, 135, and 145 databases: Template A007 is labeled an operations specification (OpSpec).
2)      Title 14 CFR parts 141 and 142 databases: Template A007 is labeled a training specification (TSpec).
3)      Title 14 CFR part 91 subpart K (part 91K) database: Template A007 is labeled a management specification (MSpec).
4)      Part 91 subpart J and part 125 subpart M databases: Template A007 is labeled a letter of authorization (LOA).
5)      Title 14 CFR part 137 and other databases also have A007 templates to identify designated persons.

B.     Agent for Service. An agent for service is a person or company designated by the operator upon whom all legal notices, processes and orders, decisions, and requirements of the Department of Transportation (DOT), FAA, and National Transportation Safety Board (NTSB) shall be served. Once any of these documents has been served upon the operator’s agent for service, the certificate holder cannot claim (legally) that it did not receive the documents. Title 49 of the United States Code (49 U.S.C) § 46103 requires air carriers to designate an agent for service. The name, title, and address of the agent for service must be obtained from the operator and correctly entered into the OPSS Certificate Holder’s Personnel tab. This information will load into the A007 template.

C.     Persons Designated to Apply for and Receive OpSpecs/TSpecs/MSpecs/LOAs. Names and titles of persons designated by the operator as authorized to apply for and receive OpSpecs/TSpecs/MSpecs/LOAs must be entered in Template A007. The “Parts” of the operator’s authorizations for which the designated person is responsible must also be entered. Principal inspectors (PI) may determine that it is appropriate to have signatures of these designated persons recorded in this subparagraph.

D.    Persons Designated to Receive SAFOs and/or InFOs. All A007 templates (with the exception of part 141 and 142 databases in the OPSS) are used to collect the name, email address, telephone number, and type of SAFO/InFO information that person should be sent (i.e., Operations, Airworthiness, or both). Part 141 pilot schools and part 142 training centers will not have a person designated to receive SAFOs or InFOs in Template A007. Part 145 repair stations will have a person designated to receive InFOs in Template A007. A reply message signifying receipt of the SAFO/InFO information by a designated person is not required. (Refer to the current editions of FAA Orders 8000.87, Safety Alerts for Operators, and 8000.91, Information for Operators (INFO).)

Note:       If an operator does not have an email address, a facsimile number may be entered in the email address block.

1)      A SAFO contains important safety information, often of an urgent nature, and may include recommended action. SAFO content is valuable to air carriers and other air operators in meeting their statutory duty to provide service with the highest possible degree of safety in the public interest.
2)      Much like a SAFO, which contains critical safety information, an InFO contains valuable information for operators that should help them meet administrative requirements or certain regulatory requirements with relatively low urgency or impact on safety.
3)      Government and industry have agreed on the importance of having a prompt, reliable delivery system for SAFOs and InFOs and taking advantage of email and postings at FAA public Web sites. Accordingly, they have ratified that a recipient of SAFOs and InFOs must be identified in Template A007 so that the FAA may notify an operator of a new SAFO or InFO and recommended action to be taken by the respective operators identified in each SAFO/InFO.

E.     Part 91K. Part 91K fractional ownership operations must identify the specific persons in MSpec A007 as follows:

1)      Agent for service for the program manager.
2)      Personnel designated to apply for and receive management specifications for the program manager.
3)      Point(s) of contact (POC) and required positions for those authorized a Continuous Airworthiness Maintenance Program (CAMP).
4)      Voluntary Disclosure Program Personnel for part 91K only. Reference Advisory Circular (AC) 00‑58, Voluntary Disclosure Reporting Program, current edition, and Volume 11, Chapter 1, Section 1.
5)      Personnel designated to receive SAFOs/InFOs for the program manager.

F.      Part 145 Repair Stations. List the authorized person(s) by name, title, and the paragraph of the OpSpec he/she is authorized to sign.

Note:       Individuals’ titles listed in Template A007 should match the title in the Enhanced Vital Information Database (eVID).

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

A.     General. Each 14 CFR part 121 and part 135 operator must have a system and/or procedures for the control of flight movements. The intent of A008 is to promote a mutual understanding between an operator and the FAA concerning the system and/or procedures used by that operator. Volume 3, Chapter 25, Operational Control for Air Carriers details the three basic systems and/or procedures required by parts 121 and 135. The three systems and/or procedures are as follows:

1)      Part 121 domestic and flag operations must have dispatch systems. See Volume 3, Chapter 25, Section 2, Flight Dispatch Systems and Domestic Operating Rules.
2)      Part 121 supplemental operations must have flight following systems when the operator does not have an established dispatch system. See Volume 3, Chapter 25, Section 3, Part 121 Flight Release Systems and Supplemental Operating Rules.
3)      Part 135 operators use flight locating procedures. See Volume 3, Chapter 25, Section 5, Title 14 CFR Part 135 Flight Locating Systems and Operating Rules.
4)      MSpec A008 must describe the flight management used by the program manager to provide program control for flight operations and other procedures and policy instructions regarding program operations. This information may also be notated by reference to the appropriate manual (part 91, § 91.1029). In addition, MSpec A008 requires the program manager to give the location of the current list of fractional aircraft owners (part 91, § 91.1027).

B.     Referencing With Paragraph A008. Describe or reference the system and/or procedures used by an operator in A008. It is preferable to complete A008 with references to an operator’s manual or sections of an operator’s manual which describe the system and/or procedures used by that operator. It is not necessary to control these references by date. Change the references only when a revision to the operator’s manual makes the reference in the OpSpecs incorrect. When an operator’s manual does not adequately describe the system and/or procedures used, a narrative description combined with references may be necessary. Often, it may not be appropriate to use references in this paragraph, (especially with smaller part 135 operators). In these cases narrative description may be necessary. When a narrative description is used, it should be brief but provide sufficient information so that the FAA and the operator have the same understanding about the system and/or procedures used by the operator.

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

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

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

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

·        Communication systems and procedures used by the operator;

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

·        Emergency notification procedures.

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

A.     General. Part 121, §§ 121.97 and 121.117 require part 121 operators to have an approved system for obtaining, maintaining, and distributing airport aeronautical data. A009 provides the method for approving airport aeronautical data systems for part 121 operators. Title 14 CFR part 91, § 91.103 and 14 CFR part 135 subpart I, § 135.83 require part 135 operators to obtain, maintain, and distribute essentially the same types of airport aeronautical data. Although a part 135 operator is not required to obtain FAA approval of the system used, A009 provides a method of promoting the same understanding between the operator and FAA concerning the system used to comply with the regulations pertinent to airport aeronautical data. Volume 4, Chapter 3, Section 4, Airport Data Acquisition Systems provides direction and guidance concerning airport aeronautical data systems.

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

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

OPSPEC/MSPEC A010, AERONAUTICAL WEATHER DATA.

A.     General. OpSpec A010 is intended to promote understanding between the operator and the FAA concerning the system used for obtaining and disseminating required weather data and other aeronautical data. Numerous regulatory requirements in 14 CFR parts 121 and 135 require operators to have or use a system for obtaining and disseminating aeronautical weather data.

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

·        Part 121, § 121.97 requires operators who conduct domestic and flag operations to use an FAA‑approved system for obtaining, maintaining, and distributing current aeronautical data.

·        Part 121, § 121.101 requires operators who conduct domestic and flag operations to use an FAA‑approved system for obtaining forecasts and reports of adverse weather phenomena.

·        Part 121, § 121.117 requires operators who conduct supplemental operations to use an FAA‑approved system for obtaining, maintaining, and distributing current aeronautical data.

·        Part 121, § 121.119 requires operators who conduct supplemental operations to use an FAA‑approved system for obtaining forecasts and weather reports.

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

·        Part 135, § 135.213 requires operators who conduct instrument flight rules (IFR) operations under that part to use the U.S. National Weather Service or a source approved by the Administrator.

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

C.     Approval to Use Enhanced Weather Information Systems. Enhanced Weather Information Systems (EWINS) are approved by OpSpec/MSpec A010. Approval for an operator to use EWINS must be accomplished by referencing the EWINS Policy and Procedures Manual in OpSpec/MSpec A010. The original date of the EWINS manual and the last revision must also be referenced in OpSpec/MSpec A010. See Volume 3, Chapter 26, Section 4, Sources of Weather Information.

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

1)      Reference sections of the operator’s manual or other documents that describe the operator’s Adverse Weather Phenomena Reporting and Forecasting System. If such manual sections or other documents do not clearly describe the Adverse Weather Phenomena Reporting and Forecasting System, a narrative description (combined with references where available) of the approved system must be added to OpSpec/MSpec A010. See Volume 3, Chapter 26, Section 3, Parts 121/135 Weather Information Systems, paragraphs 3‑2096 and 3‑2097.
2)      Reference or describe the methods used for obtaining and disseminating other types of weather data (not related to the approved Adverse Weather Phenomena Reporting and Forecasting System) in OpSpec/MSpec A010.

E.     Requirement to Use Qualified Internet Communications Provider. For Internet communications of aviation weather and Notices to Airmen (NOTAM) used in flight operations, all part 121 and 135 operators are required to use an approved Qualified Internet Communications Provider (QICP).

1)      List the QICPs used by the operator in OpSpec/MSpec A010 subparagraph a, Table 1.
2)      The QICP used must be obtained from the approved list provided by the FAA.
3)      For more detailed information in regard to QICPs, refer to AC 00‑62, Internet Communications of Aviation Weather and NOTAMs, and Volume 3, Chapter 26, Aviation Weather Information Systems for Air Carriers.

OPSPEC/MSPEC A011, APPROVED CARRY‑ON BAGGAGE PROGRAM.

A.     General. Part 121, § 121.589 requires part 121 operators to have an approved carry‑on baggage program. This regulation also requires FAA approval to be in the operator’s OpSpecs. When the FAA issues OpSpec/MSpec A011, the operator is authorized to either allow passengers to stow carry on bags in the aircraft cabin or restrict the items brought inside the aircraft cabin to passenger personal items. Operators that do not allow carry‑on bags in the cabin of the aircraft are considered to have a no‑carry‑on baggage program. Advisory Circular (AC) 120‑27, Aircraft Weight and Balance Control, current edition, provides further details regarding the definitions of carry‑on baggage and personal items. OpSpec/MSpec A011 must describe or reference the carry‑on baggage program or the no‑carry‑on baggage program. It is permissible for OpSpec/MSpec A011 to reference a separate carry‑on baggage document developed by the operator that describes the program. However, the operator may elect to implement the carry‑on baggage program by describing the requirements of the program in various sections of its manuals, such as the passenger services manual and the flight attendant manual. In this case, template A011 should reference specific sections of the pertinent manuals. Reference to the approved program in the template must be controlled by revision number and/or date, as appropriate. When an operator’s manual or separate carry‑on baggage document does not adequately describe the approved carry‑on baggage program, a combination of references and narrative description may be necessary. The description of the approved carry‑on baggage program must address the items discussed in the current editions of AC 121‑29, Carry‑On Baggage, and AC 120‑27. Additionally, one or more of templates A096, A097, A098, and/or A099 must be issued to track the approved carry on bag/personal item actual or average weights.

B.     Accounting for Carry‑On Baggage Weight. Parts 91, 91 subpart K, and 135 operators requesting authorization to use average or segmented passenger weights that meet the requirements specified in AC 120‑27, current edition, must either have a letter of authorization or been issued OpSpec/MSpec A011 to account for the actual or average weights used to account for carry‑on baggage. Additionally, one or more of OpSpecs/MSpecs A096, A097, A098, and/or A099 must be issued to track the approved carry‑on bag/personal item actual or average weights.

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

OPSPEC A012, PART 121 DOMESTIC OPERATIONS TO CERTAIN AIRPORTS OUTSIDE THE 48 CONTIGUOUS UNITED STATES AND ALASKA.

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

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

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

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

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

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

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

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

OPSPEC/MSPEC A013, OPERATIONS WITHOUT CERTAIN EMERGENCY EQUIPMENT.

A.     General. Use OpSpec/MSpecs A013 and A005 to approve deviations from the requirements for certain emergency equipment for extended over water operations for turbojet‑powered airplanes.

1)      Authorization for issuance requires the concurrence of the principal operations inspector (POI), the appropriate region, and the Air Transportation Division, AFS‑200.
2)      Approval is indicated by listing in OpSpec/MSpec A013 the make and model of the aircraft and the routes and/or areas to which the deviation applies.

B.     Applicability of OpSpec/MSpec A013 and Associated Deviations.

1)      Part 91 subpart K fractional ownership program managers may apply for a deviation from part 91, § 91.509 to permit extended over water operations without carrying certain emergency ditching equipment.
2)      Part 121 certificate holders may apply for a deviation from part 121, § 121.339 to permit extended over water operations without carrying certain emergency ditching equipment.
3)      Part 135 certificate holders may apply for a deviation from part 135, § 135.167 to permit extended over water operations without carrying certain emergency ditching equipment.

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

1)      Part 91K, fractional ownership program managers must list part 91, §§ 91.509(b)(2), (3), (4), and (5) in MSpec paragraph A005 with the reference to A013.
2)      Part 121 certificate holders must list part 121, § 121.339(a)(2), (3), and (4) in OpSpec A005 with the reference to OpSpec A013.
3)      Part 135 certificate holders must list part 135, § 135.167(a)(2) in OpSpec A005 with the reference to A013.

D.    Life Preserver Deviation. It is FAA policy that deviations from the requirement to carry life preservers (§§ 121.339(a)(1), 135.167 (a)(1), or 91.509(b)(1), as applicable) will not be approved.

E.     Deviations From Carrying Liferafts. Deviations from the requirements for carrying liferafts and the liferaft’s required attached equipment may be approved. There is no individual deviation provision or requirement for a deviation for the following required items:

·        Survival kits (§§ 91.509(e), 121.339(c), and, 135.167(c), as applicable);

·        Pyrotechnic signaling devices (§§ 91.509(b)(3), 121.339(a)(3), and 135.167(b), as applicable); and

·        Emergency locator transmitters (§§ 91.509(b)(3), 121.339(a)(4), and 135.167(b), as applicable).

F.      Permitted Areas of Operation. The area(s) of operation permitted is any offshore area adjoining the 48 contiguous states of the United States, the Gulf of Mexico, and the Caribbean Islands, as follows:

1)      The south and east coasts of the United States, below 35 degrees North latitude, the Gulf of Mexico, and the Caribbean Islands, not to exceed 30 minutes’ flying time in still air with one‑engine inoperative, or 162 nautical miles (NM) from the nearest shoreline, whichever is less.
2)      The east coast of the United States, 35 degrees North latitude and above, not to exceed 30 minutes’ flying time in still air with 1 engine inoperative or 100 NM from the nearest shoreline, whichever is less.
3)      The west coast of the United States, not to exceed 30 minutes’ flying time in still air with one‑engine inoperative or 100 NM from the nearest shoreline, whichever is less.

G.    Requirements for Supporting Documentation for Deviation Request. The operator must submit an application with supporting documentation for the deviation request with at least the following information about the conditions that must be met for the approval:

1)      Aircraft operational capabilities for diversion due to an engine failure. This information must include drift down profiles, engine out cruise performance for two‑ and three‑engine aircraft, and two‑engine cruise performance for four‑engine aircraft.
2)      A graphical presentation of the areas and routes of en route operation and/or routes over which provisions of the deviation will apply, including proposed minimum en route altitudes and airports which could be used if diversion is necessary. The A013 authorization contains a limitation that in flight operations must not exceed the distance allowed under subparagraph F, as applicable, from a shoreline at any time. An exception is allowed for temporary maneuvering for weather avoidance.
3)      Navigation and communication equipment requirements and capabilities for normal flight conditions and for engine inoperative flight conditions in the proposed areas of en route operation.
4)      Existing and/or proposed procedures for diversion contingency planning and training curricula for flight and cabin crewmembers concerning ditching without liferafts.
5)      A description of search and rescue facilities and capabilities for the proposed areas of en route operations.

H.    Reviewing the Application.

1)      The principal operations inspector (POI), in coordination with the principal maintenance inspector (PMI) and principal avionics inspector (PAI), must evaluate and substantiate submitted information. If a POI does not concur with the operator’s proposal, the POI will forward a letter to the operator denying the application for a deviation with an explanation of the reasons for denial. If a POI concurs that the deviations should be approved, the POI will prepare and forward a recommendation along with the operator’s application and supporting information to the Air Transportation Division, AFS‑200, through the regional Flight Standards division.
2)      AFS‑200 will review the application, the supporting information, and the POI’s recommendation. If AFS‑200 does not concur with the POI’s recommendation, AFS‑200 will forward a letter to the POI, with a copy to the region, indicating nonconcurrence with an explanation of the reasons. If AFS‑200 agrees with the POI’s recommendation, AFS‑200 will advise the POI by letter of the concurrence. With AFS‑200 concurrence, the POI may approve the deviation by issuing A013 and A005.

OPSPEC A014, IFR EN ROUTE OPERATIONS IN CLASS G AIRSPACE.

A.     General.

1)      A014 provides the initial authorization for instrument flight rules (IFR) en route operations in Class G airspace. Other IFR en route authorizations may be found in OpSpecs B031, B034, B035, and B036, as applicable and appropriate.
2)      OpSpec B032 prohibits special IFR en route operations in Class G airspace unless the POI approves such operations by issuing A014. IFR operations in Class G airspace are not provided any air traffic control (ATC) separation services. The certificate holder and the pilot in command (PIC) are responsible for avoiding obstacles and other air traffic.

B.     Prerequisites for Authorizing En Route IFR Operations. Before authorizing en route IFR operations in Class G airspace to part 121, 121/135, 125, or 135 certificate holders:

1)      The POI must confirm that the operator has a method or procedure for assuring that any facilities and services that this type of operation depends upon are operational during the periods in which flights are to occur.
2)      The POI must also confirm that the operator has developed procedures and guidance for crewmember use while operating in areas of en route operations in Class G airspace. Aeronautical Information Publications (AIP) or flight information region (FIR) publications have broadcast in the blind procedures and other guidance for crewmember use when large areas of Class G airspace are within the area covered by the AIP or FIR.

Note:       See Volume 4, Chapter 1, Section 1, General Navigation Concepts, Policies, and Guidance, and Section 4, Class II Navigation, for further discussion on en route operations in Class G airspace.

3)      The reference to OpSpec B051 is to provide for part 121 reciprocating and turbo propeller powered aircraft operations only.

C.     Special Terminal Area IFR Operations. OpSpecs C064, C080, and/or C081 now authorize special terminal area IFR operations in Class G airspace or at airports without an operating control tower. One or both types of these operations may be authorized.

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

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

A.     General. In accordance with part 135, § 135.105(b), a part 135 operator may apply for authorization to use an autopilot in place of a second in command. The principal operations inspector (POI) must coordinate with an avionics inspector to ensure each particular aircraft/autopilot combination is installed in accordance with FAA‑approved data, is airworthy, and is operationally capable of maintaining control of the aircraft to the degree specified in § 135.105(c).

B.     Making Note of Conditions and Limitations. List the aircraft make and model and the autopilot manufacturer and model identification in A015. Any conditions or limitations which the POI determines necessary for a particular aircraft/autopilot combination must also be listed. It is not necessary to repeat conditions or limitations already specified in an Airplane Flight Manual (AFM) or AFM supplement. If no conditions or limitations apply, enter the word “none” in that part of the listing.

OPSPEC A016. Reserved. It was split into four separate authorizations: A037, A038, A039, and A040.

OPSPEC A017, APPROVED SECURITY PROGRAM FOR HELICOPTERS.

A.     General. Title 49 of the Code of Federal Regulations part 1,500 does not include provisions for helicopter security programs. Helicopter operators who wish to enplane or deplane passengers or checked luggage into “sterile areas” must apply for, and receive authorization to use, an approved security program. A017 conveys the authority for helicopter operators to use an approved security program. Principal operations inspectors will not issue A017 without concurrence of the Civil Aviation Security Field Office.

B.     Using References. Describe or reference the security program used by the operator in A017a. Reference sections of the operator’s manual that describe the program used by that operator. It is not necessary to control these references by date. Change the references only when a revision to the operator’s manual makes the reference in the OpSpecs incorrect. When the operator’s manual does not adequately describe the system and/or procedures used, a narrative description combined with references may be needed.

C.     Listing Airports and/or Heliports. List the airports and/or heliports where operators must comply with the approved security program in A017b.

OPSPEC A018, SCHEDULED HELICOPTER OPERATIONS. A018 is issued to helicopter operators who operate scheduled passenger or cargo carrying operations.

A.     Completing Approach and Landing With Powerplant Failure. Subparagraph A018a(2) authorizes scheduled helicopter operations along “Restricted Helicopter Routes” with helicopters which do not have Transport Category “A” one engine inoperative performance capabilities. The operator must show that helicopters using these routes can, at any point along the route and while at the minimum authorized altitude, complete a safe approach and landing if powerplant failure occurs. Determining compliance with these conditions will almost always be a controversial and difficult inspector task. For this reason, only currently qualified and highly experienced helicopter specialists should be used to evaluate these types of routes. In controversial cases, a team of helicopter specialists should be employed for this task.

B.     Defining Restricted Helicopter Routes. OpSpec B050 must precisely define “Restricted Helicopter Routes.” This may be accomplished in accordance with instructions in Volume 3, Chapter 18, Section 4, Part B Operations Specifications—En Route Authorizations and Limitations, paragraph B050, subparagraph B(2)(e). In certain situations, detailed descriptions (including maps, charts, ATC letters of agreement, special provisions, and limitations) of “Restricted Helicopter Routes” may be lengthy and complex. Therefore, it is permissible to incorporate these documents in B050 by reference.

OPSPEC A019, AUTOMOTIVE GASOLINE AS AIRCRAFT FUEL. A certificate holder may request authorization to use automotive gasoline as fuel in reciprocating engine aircraft used in 14 CFR part 135 cargo operations. When an inspector receives a request for this authorization, he must take all of the following actions before issuing A019:

A.     Approval to Use Automotive Gasoline. In coordination with an Airworthiness inspector, determine that the specific aircraft is approved to use automotive gasoline as fuel.

B.     Inspect the List of Aircraft. Inspect the proposed list of aircraft the certificate holder must maintain under 14 CFR part 119, § 119.59(b) for compliance with the provision of A019b(2).

C.     Inspect Certificate Holder Procedures. In coordination with an Airworthiness inspector, determine that the certificate holder has written procedures which provide compliance with the requirements of OpSpec paragraphs A019b(3) and (4).

D.    Necessary Entry in Aircraft and Powerplant Historical Record. The certificate holder must enter, in each appropriate aircraft and powerplant historical record, the following entry:

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

1)      Remove all automotive fuel and fuel residue from the aircraft and powerplant fuel systems.
2)      Inspect all components of the aircraft fuel system and appropriate components of the powerplants to determine that those components are airworthy and conform to the appropriate type design.
3)      Record events (1) and (2) in the aircraft and/or powerplant records.”

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

A.     Criteria for an Isolated Area. The area to be approved must be isolated. In determining whether an area is an “isolated area,” consider the following criteria:

1)      Isolated areas may include small settlements or villages. Commercial transportation, such as bus or train, is not available. Major highways do not transit or penetrate isolated areas although secondary and unimproved roads (suitable for cars and trucks) may be available. In many cases, the destinations are so isolated that air travel is the primary means of transportation.
2)      Landing areas may be unimproved strips or water sites depending on the kinds of airplanes used and the time of year. Ski equipped airplane operations would be appropriate to frozen lakes or rivers and to suitable, snow covered land areas.
3)      The size of isolated areas may vary considerably, depending on the needs of a particular certificate holder. However, part 135, § 135.243(d) states that flights may not exceed 250 nautical miles (NM) from the operator’s base of operations. The point of departure, en route portion of flight, and landing site all must be within the boundaries of the approved isolated area.
4)      Within isolated areas flight planning and navigational requirements are normally performed by pilotage only. Radio navigational signal coverage (very‑high frequency omnidirectional range or nondirectional radio beacon facilities) is usually limited, or largely ineffective, in these areas. However, a radio facility may be located at or near a landing site without changing the classification of the isolated area.
5)      Weather hazards that may be encountered in the proposed area and planning strategies that may reduce risk. (e.g., valleys may produce heavy fog in morning hours. Should a destination airport become fogged in while en route, consider using ABC airport as an alternate.)

B.     Application for Isolated‑Area Operations Using a PIC Without an Instrument Rating. Applicants requesting approval for these operations must hold an Air Carrier Certificate or an Operating Certificate and OpSpecs authorizing part 135 on‑demand visual flight rules (VFR) day‑only operations using single‑engine land or seaplanes. Isolated‑area operations using a pilot in command (PIC) without an instrument rating must not be authorized for commuter operations. Application for this authorization must be made by letter requesting amended OpSpecs. A map or current aeronautical chart identifying the area involved must be attached to the letter of application. This chart must clearly show the boundaries of the isolated area, the principal landing sites, and the distances from the operator’s operations base.

C.     Review of the Application for Compliance. Inspectors must review the application to confirm compliance with § 135.243(d)(3) (that the area is isolated) and § 135.243(d)(6) (flight distances do not exceed 250 NM). Inspectors must determine whether the certificate holder has a manual that incorporates instructions concerning operations in isolated areas. This manual must include a procedure that guarantees that noninstrument‑rated PICs will not be used outside of the approved isolated areas. The principal operations inspector must determine that the following requirements are met before issuing A020.

1)      All aircraft to be used are single, reciprocating engine powered, nine or fewer passenger airplanes equipped for at least day VFR operations.
2)      Operations are limited to on demand, day VFR flights within the boundaries of the approved isolated area and not more than 250 NM distance from the base of operation.
3)      Flight locating procedures are adequate.
4)      The regional Flight Standards division concurs with the approval of the isolated area operation.

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

A.     General. OpSpec A021 authorizes a certificate holder operating under part 135 to conduct air ambulance visual flight rules (VFR) emergency medical service operations in helicopters. The terms air ambulance, helicopter emergency medical services (HEMS), and helicopter emergency medical evacuation services (HEMES) are used interchangeably in regard to this authorization.

6)      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.
7)      If the HEMS operation is to be conducted at night, the takeoff and landing site must be clearly illuminated by a lighting source that will provide adequate lighting for the site itself and for any obstructions that could create potential hazards during approach, hovering, taxiing, and departure operations.

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

1)      OpSpec A021 specifies the conditions (day/night), area (local/cross country), ceiling, and visibility the certificate holder is authorized to use for HEMS operations in Class G (uncontrolled) airspace. Night conditions are further defined by identifying different minimums for high and low lighting conditions. In addition, OpSpec A021 specifies different ceiling and visibility minimums for these considerations and areas when operating in mountainous and nonmountainous areas. Each specific combination of conditions and areas are listed in OpSpec A021.
a)      The possible combinations of conditions and area include time of day (night or day), level of light available at night (low and high lighting conditions), area of operation (local or cross country), and the kind of area (mountainous or non‑mountainous). Each of these combinations is specified along with ceiling and visibility authorizations.
b)      Instrument flight rules (IFR) operators authorized to fly point‑in‑space special instrument approach procedures (IAP) with a “Proceed VFR” transition to the heliport must apply their visual flight rules (VFR) weather minimums in determining their landing minimums.

1.      Since these operations require that the aircrew be specifically qualified for the use of these approaches, the visual segment area may be considered “local” in nature.

2.      Because the pilot and aircraft are trained, equipped, and authorized as fully IFR capable under Part H authorizations, the area may be considered the equivalent of a “high lighting conditions” area at night.

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

4.      Therefore, when applying the VFR weather minimums of OpSpec A021 in determining the minimums for all Special PinS approaches, with a “Proceed VFR” transition to the heliport, apply the local, nonmountainous, day, or night high lighting conditions (as appropriate) minimums in Table 1 of OpSpec A021 in determining the landing minimum if the distance from the missed approach point to the heliport is 3 NM or less. However, if the distance from the missed approach point to the heliport exceeds 3 NM, the certificate holder must apply the VFR minimums prescribed in Table 1 of OpSpec A021 appropriate to the actual existing conditions (local, mountainous, day or nonmountainous, cross country, night, etc.).

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

c)      Requests for lower weather minimums for operations in uncontrolled airspace must be coordinated with and approved by AFS‑200 through the regional Flight Standards division (RFSD). These requests must follow the nonstandard OpSpec approval process outlined in Volume 3, Chapter 18, Section 2, Automated Operations Safety System (OPSS), paragraph 3‑713, Procedures for Requesting Nonstandard Authorizations.

C.     Local Area. OpSpec A021 contains a description of the “local area.” The local area is an area designated by the certificate holder which generally may not exceed 50 NM from the dispatch location, taking into account man made and natural geographic terrain features that are easily identifiable by the PIC, and from which the PIC may visually determine a position at all times.

1)      The local area may be the same for night and day operations unless the terrain features used for the day local area would not be discernible at night. In such a case, both a day and night local area must be described.
2)      For example, in mountainous or desert locations, geographical features may facilitate day operations but because of the lack of such features and/or lighted landmarks, night operations would not be authorized.
3)      Additional information on local flying areas is provided in Volume 4, Chapter 5, Section 3, Air Ambulance Service Operational Procedures, paragraph 4‑947, Local Flying Area for HEMS Operations.

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

OPSPEC A022, APPROVED EXIT ROW SEAT PROGRAM. Reserved.

OPSPEC A023, USE A PROGRAM DURING GROUND ICING CONDITIONS.

A.     Part 121. Part 121, § 121.629(c) requires part 121 certificate holders to have an approved ground deicing/anti‑icing program, unless the certificate holder complies with § 121.629(d), which requires an outside the aircraft pretakeoff contamination check. Principal inspectors (PI) will issue OpSpec A023 to authorize the use of an approved ground deicing/anti‑icing program or the use of an outside the aircraft pretakeoff contamination check. See Volume 3, Chapter 27, Ground Deicing/Anti icing Programs, for guidance on approving a ground deicing/anti‑icing program.

B.     Parts 125 and 135. Part 125, § 125.221 and part 135, § 135.227 require parts 125 and 135 certificate holders who operate during ground icing conditions to have approved aircraft pretakeoff contamination check procedures. PIs will issue OpSpec A041 to authorize a pre takeoff contamination check (not necessarily outside the aircraft). A part 125 or 135 certificate holder may choose to comply with § 121.629(c) by having an approved ground deicing/anti icing program, in which case the PI will issue OpSpec A023. If a part 125 or 135 operator chooses to operate without a pre takeoff contamination check or without a § 121.629(c) program, then PIs may only authorize them to operate when ground icing conditions do not exist by issuing OpSpec A042. See Volume 3, Chapter 27 for guidance on approving a ground deicing/anti‑icing program.

OPSPEC A024, AIR AMBULANCE OPERATIONS—AIRPLANE.

A.     General. Airplane air ambulance operations do not differ significantly from other types of airplane air carrier operations. A024 authorizes a certificate holder operating in accordance with parts 121 or 135 to conduct EMS operations in airplanes.

B.     Requirement for Aircraft Used in Air Ambulance Operations. The aircraft used in air ambulance operations must be equipped with at least medical oxygen, suction, and a stretcher, isolette, or other approved patient restraint/containment device. The aircraft need not be used exclusively as an air ambulance aircraft, and the equipment need not be permanently installed.

C.     Air Ambulance Operations Definition.

1)      Air transportation of a person with a health condition that requires medical personnel as determined by a health care provider; or
2)      Holding out to the public as willing to provide air transportation to a person with a health condition that requires medical personnel including, but not limited to, advertising, solicitation, association with a hospital or medical care provider.

D.    Complete the Training Program Before Starting Air Ambulance Flights. A024 specifies that the flightcrew must satisfactorily complete the certificate holder’s approved training program prior to commencement of air ambulance flights.

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

OPSPEC/MSPEC A025, ELECTRONIC RECORDKEEPING SYSTEM.

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

1)      The full description of the electronic recordkeeping system may be kept in the operator’s General Operations Manual (GOM). Reference the GOM appropriately in A025.
2)      Volume 3, Chapter 31, Sections 1–4 give details of the requirements for approving an air carrier’s recordkeeping system.
3)      Volume 6, Chapter 2, Section 24 provides guidance for inspections that include the review of required records.

B.     Additional Information. See the A025 job aid in the automated Operations Safety System (OPSS) for other current information.

C.     Part 145. For part 145 repair stations, A025 identifies the electronic/digital recordkeeping system acceptable to the administrator. It also identifies the certificate holder and their electronic signature procedures.

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

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

A.     General. OpSpec A027 authorizes Land and Hold Short Operations (LAHSO) for part 121, 125, and 135 certificate holders, and part 91 subpart K program managers. Certificate holders must meet certain requirements for operational policies, procedures, and training for LAHSO before the principal operations inspector (POI) may issue this OpSpec. No operator may participate in LAHSO unless it has accomplished flightcrew training. FAA Air Traffic Order 7110.118, Land and Hold Short Operations (LAHSO), must be used in conjunction with the information provided in this paragraph.

Note:       Waivers will not be issued to any LAHSO procedures.

B.     Requirement for Participating in LAHSO. Operators may not participate in LAHSO and the FAA will not issue OpSpec A027 until the following are met:

1)      Local Flight Standards District Office (FSDO) managers and local and regional Air Traffic managers must coordinate, (in accordance with FAA Order 7210.3, Facility Operation and Administration and Order 7110.118) the following for airports in their district conducting LAHSO:

·        Participation of Flight Standards Service (AFS) representatives in local LAHSO development teams;

·        Review of air traffic control (ATC) procedures to ensure that procedures are consistent with aircraft/aircrew performance capabilities according to the type of aircraft operations involved;

·        Assisting in the identification of eligible aircraft that may operate on each runway, based on the available landing distance (ALD); and

·        Ensuring that no air carrier is approved to operate aircraft to a runway, for the purpose of conducting LAHSO, with less than that specified on Order 7110.118, appendix 1, Aircraft Group/Distance Minima.

Note:       Aircraft not identified in Order 7110.118, appendix 1 do not participate in LAHSO. Aircraft additions to Appendix 1 may be requested through the local ATC facility manager to Air Traffic Service (AAT) and AFS at FAA Headquarters.

2)      POI.
a)      Each POI must review the following:

·        FAA Order 7110.118, in order to identify AFS roles and responsibilities to support joint development of procedures for conducting LAHSO at specific airports. FAA Order 7110.118 may be found at http://ato.faa.gov.

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

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

b)      Each POI must ensure the following actions have been accomplished before issuing or re‑issuing, as appropriate, OpSpec A027:

·        The air carrier has instituted flightcrew member training on LAHSO;

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

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

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

Note:       The FAA strongly recommends that all carriers provide aircrews with in flight single source documentation on LAHSO procedures. See Volume 4, Chapter 3, Section 5, Selected Practices, paragraph 600, Land and Hold Short Operations (LAHSO), for additional information.

OPSPEC A028—AIRCRAFT WET LEASE ARRANGEMENTS. In FAA use, the term “wet lease” is any leasing arrangement whereby a person agrees to provide an entire aircraft and at least one crewmember (part 119, § 119.3). This OpSpec authorizes certificate holders who conduct common carriage operations under parts 121 and 135 to enter into wet lease arrangements with other part 119 certificate holders. See Volume 12, Chapter 2, Section 9, Lease, Interchange, and Charter Arrangements, for the wet lease of any aircraft by a U.S. air carrier to a foreign air carrier or foreign person engaged in common carriage wholly outside the United States. Volume 3, Chapter 13, Section 4, Wet Lease Agreements, provides direction and guidance for processing and authorizing wet lease arrangements.

A.     Reviewing Wet Lease Arrangements. When reviewing proposed § 119.53 wet lease arrangements between U.S. certificate holders authorized to conduct common carriage operations, there are two critical factors to consider: (1) whether or not the lessee has exclusive legal possession and use of the entire aircraft, and (2) whether or not the lessor retains actual possession and operational control of the aircraft by virtue of providing and controlling the crewmembers.

1)      Possession. In an FAA‑defined wet lease, the lessor surrenders legal possession of specific aircraft to the lessee, but in general retains actual possession of the aircraft by virtue of providing and controlling the crewmember(s). This form of lease implies that the lessee has possession or custody, not ownership, of the aircraft for a specified period of time or a defined number of flights.
a)      The lessor is the certificate holder who grants legal possession and use of specific aircraft to another certificate holder.
b)      The lessee is the certificate holder who obtains legal possession and use of specific aircraft from another certificate holder.
c)      If the lessor/grantor never transfers legal possession or custody of the entire aircraft, the arrangement is not a § 119.53 wet lease. Likewise, if the arrangement makes it clear that actual possession of the entire aircraft is never transferred; the arrangement is not a § 119.53 wet lease. In this case the arrangement might actually be a charter. An example of such an arrangement is a provision of “aircraft with crew” agreement where no legal or actual transfer of the possessory rights to the aircraft occurs. Such an arrangement is a services agreement for provision of a flight service to a customer even if characterized as a wet lease by the parties to the agreement.
2)      Operational Control. As defined in 14 CFR part 1, operational control is the exercise of authority over initiating, conducting, or terminating a flight. The certificate holder exercising operational control—generally the lessor—is responsible for the safety and regulatory compliance of the flights. The FAA rarely has allowed operational control to be exercised by the lessee certificate holder. An example of such a case entails a lessee certificate holder who obtains legal possession of the lessor certificate holder’s aircraft and, as part of the arrangement, the lessor agrees to furnish two flight attendants with the aircraft. In addition, the lessee furnishes the pilot crewmembers to operate the aircraft. In this case, the lessee certificate holder obtains both actual and legal possession of the aircraft and operational control by virtue of providing and controlling the pilot crewmembers. If there is a question that the lessee may have operational control, the lease must also be reviewed by AFS‑200 and AGC‑300. In this case, both must concur in the issuance of OpSpec A028.
3)      Wet Lease Types. Operational control under an FAA‑defined wet lease will be one of two types.
a)      The lessor certificate holder will have operational control of the listed aircraft. If the lessor certificate holder will have operational control, that certificate holder is authorized to conduct operations in accordance with each applicable wet lease arrangement identified in Table 1 of the OpSpec.

1.      The certificate holder issued this authorization must at all times be responsible for and maintain the operational control and airworthiness of each aircraft identified in each lease arrangement. The lease arrangement(s) must be listed in Table 1 of the OpSpec.

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

3.      While conducting operations under this authorization, the lessor may use the call sign and flight number(s) of the lessee, provided that, for all flights the lessor certificate holder explains in the remarks section of the applicable flight plan that the flight is actually being conducted under the call sign and flight number(s) of the lessee.

4.      Both lessor and lessee certificate holders will have their role and information of the wet lease arrangement documented in OpSpec A028 of their respective OpSpecs.

b)      The lessor certificate holder will not have operational control of the listed aircraft. This type of arrangement is rare. For the FAA to approve such an arrangement, the parties to it will have to establish to the FAA’s satisfaction how the lessee will exercise operational control of the aircraft. For the party to each applicable wet lease who will not have operational control, that determination must be stated in Table 2, of the respective certificate holders’ OpSpecs. Under this example, the lessor certificate holder not having operational control will exercise the wet lease arrangement(s) listed in Table 2 with the following limitations and provisions:

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

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

3.      The lessor certificate holder is not authorized to have, and may not have, operational control of any operation conducted by the lessee certificate holder under this subparagraph of the OpSpec.

4.      Both lessor and lessee certificate holders will have their role and information of the wet lease arrangement documented in OpSpec A028 of their respective OpSpecs.

B.     Wet Leasing Prohibitions. Section 119.53(b) prohibits part 119 certificate holders’ wet leasing from a foreign air carrier or any other foreign person or any person not authorized to engage in common carriage. This prohibition is to prevent confusion as to which carrier would be held accountable for the safety of the flight, which country’s air carrier safety rules would be followed, and which civil aviation authority would have primary oversight responsibilities.

1)      It is common practice among commercial operators to enter into agreements which the two parties characterize as wet leases but which actually are charters when compared to the FAA definition of wet lease. The term “charter” is not defined in FAA regulations. However, in operational terms, a charter is an agreement whereby a person provides lift capacity (cargo or passengers) to another person for a defined period of time or number of flights. In other words, a charter is a services agreement for the provision of a flight service—not transfer of possession or custody of an aircraft and the FAA expects the charter operator providing an aircraft with crew to have operational control over all flights conducted pursuant to the agreement.
2)      A U.S. air carrier that enters into an agreement with a foreign air carrier for both an aircraft and crew to perform part of the U.S. air carrier’s international operations may not be entering into a wet lease as defined by the FAA if certain conditions (described below) are met. Note that, for commercial reasons both U.S. and foreign air carriers may characterize such arrangements as wet leases even though they are more in the nature of a charter. These agreements, even if characterized by the parties as wet leases, are a type of charter and are subject to the requirements of 14 CFR part 212.
3)      In some commercial arrangements, the term provision of aircraft with crew (or similar phrasing) rather than charter may be used. The provision of aircraft with crew arrangement does not involve any legal or actual transfer of the possessory rights to the aircraft; it is a services agreement or arrangement for a lessor to provide a flight service and does not transfer possession of the aircraft to the lessee.
4)      Charter or provision of aircraft with crew arrangements are commercial arrangements between carriers that require a statement of authorization from the Office of the Secretary of Transportation (OST); they are not documented by OpSpec. The OST authorization process includes a determination that the requirements of part 212 are met and the proposed operation is in the public interest. Such determinations are made in coordination with the FAA, which will review the arrangements and make determinations relating to operational control, possession of the aircraft, the safety oversight of the operation, and the safety audit of the foreign air carrier. Where a foreign air carrier will be involved in such a lease or provision of aircraft with crew arrangement to a U.S. air carrier, approval will be subject to the following requirements:
a)      The foreign air carrier involved holds a foreign air carrier permit or exemption authority from OST to conduct charter operations;
b)      The country that issued the foreign air carrier’s air operator certificate has been rated as Category 1 under the FAA’s International Aviation Safety Assessment program.
c)      The operations to be conducted represent foreign air transportation and not prohibited cabotage, in accordance with Title 49 of the United States Code, § 41703;
d)      The foreign air carrier would be conducting a flight or series of flights. The U.S. air carrier has the economic authority for the flight or series of flights that will be conducted with the foreign air carrier’s aircraft and crew;
e)      The foreign air carrier files an application for a statement of authorization for any such operation proposed;
f)        The foreign air carrier demonstrates that it would be in operational control of the proposed operation, for example, by providing with its application, for review by the FAA, copies of the lease arrangement for the aircraft with crew, that it has entered into with the U.S. certificated air carrier;
g)      The foreign air carrier demonstrates that it will retain legal and actual possession of the aircraft;
h)      The foreign air carrier provides evidence, for example, that the U.S.‑certificated air carrier involved has conducted a safety audit of the foreign carrier, consistent with an FAA‑approved safety audit program, and has submitted a report of that audit to the FAA for review; and
i)        The FAA notifies the OST that it has determined that operational control of the proposed flights rest with the foreign air carrier applicant, that the oversight of the operation will remain with the country that issued the foreign air carrier’s air operator certificate, and that the safety audit meets the standards of the U.S.‑certificated air carrier’s safety audit program.

OPSPEC A029, AIRCRAFT INTERCHANGE ARRANGEMENTS. Volume 3, Chapter 13, Section 5, Interchange Agreements, provides direction and guidance for processing and authorizing interchange arrangements. When an interchange arrangement is authorized, A029 must be issued to both parties of the interchange agreement by each responsible principal operations inspector. All interchange arrangements authorized for an operator must be listed in A029. Enter the name of the operator who would normally operate the aircraft if an interchange agreement were not in effect in the column labeled Primary Operator. List the name of the other party to the interchange agreement in the column labeled Interchange Operator. List the aircraft make/model/series of the aircraft used and all specified interchange points for each agreement in the appropriate columns. If it is necessary to specify other conditions or limitations such as expiration dates, they should be specified by adding text to A029.

OPSPEC A030, SUPPLEMENTAL OPERATIONS BY A CERTIFICATE HOLDER AUTHORIZED TO CONDUCT DOMESTIC OR FLAG OPERATIONS.

A.     General.

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

·        Domestic and supplemental.

·        Flag and supplemental.

·        Domestic, flag, and supplemental.

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

B.     Authorizations.

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

OPSPEC A031, ARRANGEMENTS WITH TRAINING CENTER(S) OR OTHER ORGANIZATION(S) FOR CERTIFICATE HOLDER TRAINING; MSPEC A031, ARRANGEMENTS WITH TRAINING CENTERS, AIR AGENCIES, AND/OR OTHER ORGANIZATIONS FOR PERSONNEL TRAINING. This paragraph is used to document the approval of the operator’s/certificate holder’s training program.

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

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

A.     General. A033 is issued to authorize the certificate holder to conduct:

1)      Certain part 121 operations with airplanes having a passenger seat configuration of 30 seats or fewer and a payload capacity of 7,500 pounds or less in accordance with part 121, §§ 121.470(a), 121.480, and/or 121.500, using flight and rest time limitations under part 135, §§ 135.261 through 135.273, and/or
2)      Certain 14 CFR part 135 operations using flight and rest time limitations under § 135.265, in lieu of any other §§ 135.261 through 135.273.

B.     Compliance With Applicable 14 CFR Sections. Part 119 establishes that all certificate holders conducting scheduled passenger‑carrying operations with turbine‑powered airplanes and/or airplanes having 10 or more passenger seats must operate under part 121, § 121.470(a), Flight Time Limitations, Domestic Operations; § 121.480, Flight Time Limitations, Flag Operations; and § 121.500, Flight Time Limitations, Supplemental Operations. These sections contain, in pertinent part, the provisions that a certificate holder conducting operations with airplanes having a passenger seat configuration of 30 seats or fewer, excluding each crewmember seat, and a payload capacity of 7,500 pounds or less may comply with the applicable requirements of §§ 135.261 through 135.273. Section 135.261(a)(2) allows certain part 135 certificate holders to comply with the requirements of § 135.265, when OpSpec A033 is issued.

MSPEC A033, FLIGHT AND REST TIME REQUIREMENTS. As allowed by part 91, § 91.1057(j), the program manager may be authorized to conduct program operations using the applicable unscheduled flight time limitations, duty period limitations, and rest requirements of part 121 or 135, instead of the flight time limitations, duty period limitations, and rest requirements of part 91 subpart K, as described in MSpec A033.

OPSPEC/MSPEC A034, ADVANCED QUALIFICATION PROGRAM (AQP).

A.     When to Issue OpSpec A034. Following initial/Phase IV approval, all Advanced Qualification Program (AQP) air carriers must be issued OpSpec paragraph A034. For all AQP documents and phases for which the Extended Review Team (ERT) is designated as the approval authority, the FAA manager AQP and the principal operations inspector (POI) or training center program manager (TCPM) will cosign the approval letters. Following approval for continuing operation (Phase V), the POI will manage and sign approved curriculum outline changes.

B.     About AQP. AQP is a voluntary program; Flight Standards Service encourages air carriers to participate. AQP provides for enhanced curriculum development and a data driven approach to quality assurance along with the flexibility to target critical tasks during aircrew training. The AQP methodology directly supports the FAA’s safety enhancement goals. The Voluntary Safety Programs Branch, AFS‑230, will provide assistance to the Flight Standards District Office (FSDO), certificate management office (CMO), or Certificate Management Unit (CMU) from initial application through the final fleet approval as a collaborative effort. An accepted air carrier AQP application will initiate the AFS‑230/FSDO/CMO/CMU partnership. AFS‑230 will assist in the development, implementation, and review as well as follow on reviews for the air carrier’s AQP. AFS‑230 and the FSDO/CMO/CMU will manage program approvals and revisions through an ERT process.

C.     Additional Information. More detailed information on AQP can be found in Volume 3, Chapter 21, The Advanced Qualification Program, Sections 1 through 5.

OPSPEC A035, U.S. REGISTERED AIRCRAFT—FOR PART 129 ONLY.

OPSPEC A036. Reserved.

OPSPEC A037, BASIC 14 CFR PART 135 OPERATOR—COMMUTER AND ON DEMAND OPERATIONS. A016 was comprised of four different authorizations. Because of the new OPSS, the four authorizations were split into OpSpecs A037, A038, A039, and A040. The four types of operations authorized are: Single‑Pilot Operators, Single Pilot‑in‑Command Operators, Basic Part 135 Operators (On‑Demand Operations Only), and Basic Part 135 Operators (Commuter and On‑Demand Operations). Further direction and guidance for certification of these types of operators are in Volume 2, Chapter 4, The Certification Process—Title 14 CFR Part 135, sections 1 through 6. Deviations are required to authorize a single pilot in command or a basic part 135 operator. The appropriate regulatory sections that an operator is authorized deviations from will also be listed in OpSpec A005.

OPSPEC A038, BASIC TITLE 14 CFR PART 135 OPERATOR—ON DEMAND OPERATIONS ONLY. A016 was comprised of four different authorizations. Because of the new OPSS, the four authorizations were split into OpSpecs A037, A038, A039, and A040. The four types of operations authorized are: Single‑Pilot Operators, Single Pilot‑in‑Command Operators, Basic Part 135 Operators (On‑Demand Operations Only), and Basic Part 135 Operators (Commuter and On‑Demand Operations). Further direction and guidance for certification of these types of operators are in Volume 2, Chapter 4, The Certification Process—Title 14 CFR Part 135, sections 1 and 2. Deviations are required to authorize a Single Pilot in Command or a Basic Part 135 Operator. The appropriate regulatory sections that an operator is authorized deviations from will also be listed in OpSpec A005.

OPSPEC A039, SINGLE PILOT IN COMMAND OPERATOR (PART 135). A016 was comprised of four different authorizations. Because of the new OPSS, the four authorizations were split into paragraphs A037, A038, A039, and A040. The four types of operations authorized are: Single‑Pilot Operators, Single Pilot‑in‑Command Operators, Basic Part 135 Operators (On‑Demand Operations Only), and Basic Part 135 Operators (Commuter and On‑Demand Operations). Further direction and guidance for certification of these types of operators are in Volume 2, Chapter 4, Section 2, Phase 2—Formal Application. Deviations are required to authorize a single pilot in command or a basic part 135 operator. Therefore, the appropriate regulatory sections that the operator is authorized deviations from must also be listed in OpSpec A005.

OPSPEC A040, (PART 135 AND 135/121 DATABASES ONLY) SINGLE PILOT OPERATOR (PART 135). A016 was comprised of four different paragraphs. Because of the new Operations Safety System, the four authorizations were split into paragraphs A037, A038, A039, and A040. The four types of operations authorized are: Single Pilot Operators, Single Pilot‑in‑Command Operators, Basic Part 135 Operators (On‑Demand Operations Only), and Basic Part 135 Operators (Commuter and On‑Demand Operations). Further direction and guidance for certification of these types of operators are in Volume 2, Chapter 4, Section 1. It is not required to issue an A005 for the single pilot operator for deviations from the requirements for an operations manual, management personnel and positions, and an approved pilot training program. However, OpSpec A005 must list other appropriate regulatory sections from which the operator is authorized deviations.

OPSPEC A041, PRETAKEOFF CONTAMINATION CHECK OR APPROVED ALTERNATE GROUND DEICING/ANTI‑ICING PROCEDURE FOR TITLE 14 CFR PART 125/135 AIRPLANE OPERATIONS.

A.     Part 125, § 125.221 and Part 135, § 135.227. These sections require part 125 and 135 certificate holders who operate in ground icing conditions to have approved aircraft pretakeoff contamination check procedures or an approved alternate ground deicing/anti‑icing procedure to determine the airplane is free of frost, ice, or snow. Principal inspectors (PI) will issue OpSpec A041 to authorize a pretakeoff contamination check (not necessarily outside the aircraft) or the approved alternate procedure. A part 125 or 135 certificate holder may choose to comply with part 121, § 121.629(c) by having an approved ground deicing/anti‑icing program, in which case the PI will issue OpSpec A023. See Volume 4, Chapter 8, Low Visibility Taxi Operations, for guidance on approving a ground deicing/anti icing program.

B.     OpSpec Paragraph A041. This paragraph will be used to authorize the use of the alternative procedure using the services of a provider with an approved § 121.629 program and thereby authorizing the use of the holdover times (HOT) as limiting values instead of as advisory information only. The conditions specified in this OpSpec must be complied with in order for the operator to use this alternate procedure. Before issuing the OpSpec the operator’s General Operations Manual (GOM) and training program must be updated to include the elements contained in this guidance. The flightcrew, and, if appropriate, other ground personnel (example: persons charged with prearranging ground deicing services) must be trained as per the approved training program as updated to address the elements contained in this guidance. For an operator choosing to implement this alternate procedure, OpSpec A041 allows the operator to chose for each takeoff between conducting a pretakeoff contamination check in accordance with the Aircraft Flight Manual (AFM) or certificate holder’s approved program within five minutes of takeoff, or, if authorized, and all the conditions of their approved alternate procedure and the OpSpec can be met, to use the holdover time/allowance times as limiting values. OpSpec A023 should not be issued for the purpose of authorizing this alternate procedure. This is an alternate procedure to conducting a pretakeoff contamination check and not in full compliance with the requirements of an approved § 121.629 program.

C.     Approved Alternate Ground Deicing/Anti‑icing Procedure. By providing this guidance for the development of an alternate ground deicing plan the FAA anticipates an improvement in the level of safety in winter operations by encouraging part 125 and 135 operators to develop aircraft ground de/anti‑icing plans similar to an approved § 121.629 program. By incorporating the procedures outlined in this guidance and by incorporating and conducting the training specified, the operator will have available for use quality assured de/anti‑icing fluids, applied with equipment meeting the proper specifications, and applied by qualified ground personnel under the quality assurances built into a § 121.629 approved ground deicing program. An operator under part 125 or 135 may choose to implement the alternate procedures for ground de/anti‑icing as outlined in this guidance or continue to operate in ground icing conditions by conducting a pretakeoff contamination check within five minutes of takeoff using procedures in their approved ground deicing plan, and AFM limitations. Under these alternate procedure guidelines the operator is restricted to using the ground deicing services of an air carrier or an air carrier contract service provider conducting ground deicing service under an approved § 121.629 ground deicing program. Since the quality control requirements for the fluids and application equipment along with the activation of the program/plan as it relates to the ground service readiness is under the control of the holder of the § 121.629 approved program, the operator under these alternate procedures need not have policies and procedures for these elements in their alternate plan. Likewise, all ground deicing personnel are required to have been trained and qualified by the holder of the § 121.629 approved program being used, therefore the holder of these alternate ground deicing procedures must conduct only aircraft‑specific training. In lieu of prior training of the ground deicing personnel on the specific aircraft, the flightcrew may, in person, supervise the de‑ /anti‑icing process. This supervision must be supplemented by pictorial description (provided to the application personnel) of the aircrafts critical and sensitive surfaces indicating those areas that must be checked as part of the post deicing and anti‑icing inspections. In order to use this flightcrew supervision provision the flightcrew must be trained on all fluid application procedure requirements except for actual hands on practice. In essence, the operator’s ground de/anti‑icing alternate procedures plan must contain all other elements of an approved § 121.629 program as detailed in the current edition of AC 120‑60, Ground Deicing and Anti‑icing Program, except as indicated above. The required elements of the operator’s alternate procedure plan and required training is provided below. This guidance is extracted from AC 120‑60 with limited additional guidance from other FAA ground deicing guidance material. In addition, inspectors and certificate holders should consult the AFS‑200 Web site for current guidance.

1)      Required Ground De/Anti‑Icing Elements. This paragraph describes ground de/anti‑icing elements required to be contained in a part 125 and 135 alternate procedures in‑lieu of a pretakeoff contamination check in order to be authorized the use of the current FAA‑published fluid HOT as limiting time values rather than advisory times when utilizing the ground de/anti‑icing service provider with an approved part 121, § 121.629 program.
a)      Management Plan. In order to properly exercise operational control (when conditions are such that frost, ice, snow, or slush may reasonably be expected to adhere to an aircraft), the certificate holder should develop, coordinate with other affected parties, implement, and use a management plan for proper execution of its alternative de/anti‑icing plan. A plan encompassing the following elements is acceptable:

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

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

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

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

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

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

ii.       Procedures for ground crew and flightcrew to communicate:

·        During aircraft positioning, (if required),

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

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

·        The aircraft departure process from the deicing area, and

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

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

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

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

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

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

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

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

·        Wings, empennage, and control surfaces.

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

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

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

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

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

ii.       The surface must be unheated.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

iii.      Aircraft‑specific procedures.

iv.     Communications between ground personnel and the flightcrew.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

·        Loss of lift (F),

·        Increased drag and weight (F),

·        Decreased control (F),

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

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

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

·        Aircraft specific areas: (F/G),

·        Engine foreign object damage potential,

·        Ram air intakes,

·        Instrument pickup points,

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

·        Airworthiness Directives (AD)/specific inspections, and

·        Winglets.

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

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

·        Frost, including hoarfrost (F).

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

·        Freezing fog (F).

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

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

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

·        Fluid failure identification (F/G).

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

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

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

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

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

·        General fluid descriptions (F/G),

·        Composition and appearance (F/G),

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

·        Purpose for each type (F/G),

·        Deicing fluids (F/G),

·        Anti‑icing fluids (F/G),

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

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

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

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

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

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

·        Environmental considerations (G),

·        Fluid selection (F/G), and

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

vii.    Methods/Procedures (F/G).

·        Inspection of critical surfaces,

·        Clear ice precautions,

·        Flightcrew/groundcrew preflight check requirement,

·        Deicing/anti‑ice determination,

·        Deicing/anti‑ice location,

·        Communication before deicing/anti‑icing,

·        General deicing/anti‑ice precautions,

·        Aircraft specific requirements,

·        Deicing:

·        Requirements,

·        Effective removal of frost, snow, and ice.

·        Anti‑icing:

·        Requirements

·        Preventative anti‑icing,

·        Application,

·        Deicing/anti‑icing:

·        One step,

·        Two step,

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

·        Post deicing/anti‑icing checks requirement,

·        Flight control check, and

·        Communications after deicing/anti‑icing.

viii.  Use of HOTs (F/G).

·        Definition of HOT;

·        When HOT begins and ends;

·        Limitations and cautions associated with the use of HOTs;

·        Source of HOT data;

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

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

·        Precipitation intensity;

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

·        Adjusting HOT for changing weather conditions.

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

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

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

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

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

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

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

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

OPSPEC A046, SINGLE‑ENGINE IFR PASSENGER CARRYING OPERATIONS UNDER 14 CFR PART 135. A046 is issued to authorize single‑engine instrument flight rules (SEIFR) passenger‑carrying operations under part 135. Additional Maintenance Requirements OpSpec paragraphs D100–104, must be issued as applicable. The operator must meet the conditions part 135, § 135.163 and other appropriate sections, to be issued the authority to operate under IFR with passengers or a combination of passengers and cargo. A046 provides the operational limitations and provisions necessary to operate under IFR while carrying passengers in a single‑engine aircraft. The principal operations inspector, principal maintenance inspector, and principal avionics inspector must coordinate the issuance of A046 and the applicable Part D paragraphs (by the authority of 119, § 119.51(b)). Once the operator has met the requirements to conduct SEIFR operations, all the applicable OpSpec paragraphs must be issued for SEIFR authorization.

OPSPEC/MSPEC A047, REPLACED BY OPSPEC A447.

OPSPEC A048, FLIGHT DECK ACCESS AUTHORIZATION PROCEDURES.

A.     General. Operations specification (OpSpec) A048 is provided for a 14 CFR part 119 certificate holder that elects to have an approved program to allow persons eligible under part 121, § 121.547(a)(3) access to the flight deck using the Cockpit Access Security System (CASS) program and/or the Flight Standards Service (AFS) Flight Deck Access Restriction (FDAR) program in accordance with the limitations and provisions of the OpSpec. It is important to note that the Transportation Security Administration (TSA) may restrict flight deck access through the issuance of Security Directives (SD). The TSA also evaluates and approves (or denies) use of any system that is used to vet persons requesting flight deck access, such as CASS.

B.     CASS Participation. CASS is a voluntary program. It is acceptable if an individual operator does not elect to participate. If they do decide to use the CASS, they must meet all of its criteria.

1)      An airman certificate is not specifically required for CASS, as not all persons eligible for flight deck access need one (e.g., flight followers).
2)      CASS is not an FAA program. However, it is available to air carriers for use in determining identification and eligibility of individuals seeking access to flight deck jump seats. CASS accommodates most positions that are eligible for flight deck access, such as flightcrew members and flight followers. An air carrier should contact ARINC’s CASS representative directly with questions about program accommodation for specific position(s) that are eligible for flight deck access.
3)      If the Director of Operations (DO) elects to delegate the task of auditing the database, the DO retains full responsibility for its accuracy, completeness, currency, etc.

C.     Background. In the past, the TSA, industry, and FAA agreed upon the use of a valid passport when using this system.

1)      Since that agreement, technology has advanced to the point that an individual’s photograph is now a required element of that person’s electronic record in the CASS system.
2)      A passport is no longer specifically required for CASS participation.
3)      TSA has issued a SD that requires an air carrier to include digitized pictures of persons participating in CASS before that air carrier is approved for participation by the TSA.
4)      Also, as the guidance states, TSA may impose further restrictions on flight deck access through issuance of SDs.

D.    Table 3‑6D, Operations Specification A048 Manual Procedures Checklist. The checklist in Table 3‑6D should be used to ensure the part 119 certificate holder’s manual procedures for the required verification and access procedures for accessing the flight deck jump seat meets requirements. The appropriate sections of this checklist should be completed by the operator and provided to that operator’s FAA principal operations inspector (POI) along with their request for amendment of their OpSpecs to include OpSpec A048.

1)      The certificate holder may elect to include procedures for one or both of the following verification programs in its manual procedures:
a)      CASS.
b)      FDAR.
2)      The checklist should be completed using the following methodology:
a)      Number (item and sub item number).
b)      Item description (provide a description of the item).
c)      Response (circle “Yes” or “No” to indicate whether or not the item is adequately addressed in the program).
d)      Manual page reference (enter the manual page number where the item is addressed).

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

NO.

ITEM DESCRIPTION

RESPONSE

MANUAL PAGE REFERENCE

1.

Do the certificate holder’s procedures include a requirement to obtain the requester’s employer‑issued photo identification card?

Yes/No

 

2.

Does the certificate holder’s procedures include a requirement to verify at the time of check‑in the information obtained from the person requesting flight deck jump seat access using one of the following methods (the certificate holder may select one or more of the following methods):

 

 

2.a.

CASS?

Yes/No

 

2.b.

FDAR ‑ Electronic Database?

Yes/No

 

2.c.

FDAR ‑ Telephone?

Yes/No

 

2.c‑i.

If yes, do the certificate holder’s procedures contain a list of part 119 certificate holders with which flight deck jump seat agreements are in place and the respective contact numbers and/or email addresses for use in employee flight deck jump seat eligibility and employment status verification?

Yes/No

 

2.d.

FDAR ‑ Email?

Yes/No

 

2.d‑i.

If yes, do the certificate holder’s procedures contain a list of part 119 certificate holders with which flight deck jump seat agreements are in place and the respective contact numbers and/or email addresses for use in employee flight deck jump seat eligibility and employment status verification?

Yes/No

 

2.e.

FDAR ‑ Facsimile?

Yes/No

 

2.e‑i.

If yes, do the certificate holder’s procedures contain a list of part 119 certificate holders with which flight deck jump seat agreements are in place and the respective contact numbers and/or email addresses for use in employee flight deck jump seat eligibility and employment status verification?

Yes/No

 

3.

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

 

 

3.a.

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

Yes/No

 

3.b.

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

Yes/No

 

3.c.

Updating any and all employee status changes of the employee records used in accordance with this authorization within 24 hours of the time that the change(s) occurred?

Yes/No

 

4.a.

Has the certificate holder satisfactorily demonstrated their software and procedures to the principal operations inspector?

Yes/No

N/A

4.b.

Did the demonstration reveal any instances where flight deck jump seat access was granted when it should have been denied?

Yes/No

N/A

5.

Did the initial audit (see item 3.a. above) reveal any records representing former employees as current employees?

Yes/No

N/A

6.

Is the certificate holder in receipt of an applicable TSA authorization to use a vetting system for persons requesting flight deck access (e.g., CASS)?

Yes/No

 

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

LOA A049, LETTER OF AUTHORIZATION FOR COMMERCIAL AIR TOUR OPERATIONS AND ANTIDRUG AND ALCOHOL MISUSE PREVENTION PROGRAM REGISTRATION.

A.     Applicability. LOA A049 applies to part 91 operators and part 119 certificate holders operating under part 121 or part 135 who conduct commercial air tour operations for compensation or hire under § 91.147.

1)      If a part 91 operator is not already identified in OPSS, general instructions for putting an operator into the OPSS, in order to issue the automated part 91 LOA A049 is associated with all OpSpec/MSpec A001 templates in the part 91 database of the OPSS. If you need further assistance, please contact Aviation Safety (AVS) Support Central at 405‑954‑7272.
a)      Because of programmatic limitations, we are unable to provide any other title than POI, PMI, or PAI for the signature block in the OPSS for part 91 LOAs. Thus, the office manager or applicable supervisor who chooses to sign the part 91 authorizations will be identified as a POI, PMI, or PAI instead of manager or supervisor.
b)      When issuing a part 91 authorization from the OPSS, at a minimum the A001, Issuance and Applicability; and A004, Summary of Special Authorizations and Limitations templates must be included in the operator’s package.
2)      Operators who are uncomfortable with the limitations in § 91.146 and wish to continue flights supporting charities, nonprofit organizations, and community events may also use § 91.147 and must be issued A049. Part 91 operators using § 91.147 also have the option of becoming certificated operators in order to conduct commercial air tour operations under part 135 or part 121.

B.     Air Carriers Operating Under Section 91.147. Part 121 or 135 certificate holders that conduct commercial air tour operations under § 91.147 must be issued a separate LOA from the part 91 database and issued a separate four character identifier. Certificate holders must implement a second drug and alcohol testing program to conduct operations under § 91.147. Even though the same company may be conducting operations under part 135 or 121 and air tour operations under § 91.147, the FAA’s regulations consider the two operations to be separate entities for drug and alcohol purposes.

C.     Commercial Air Tours (defined in 14 CFR part 136, § 136.1). These operations are passenger‑carrying flights conducted in accordance with § 91.147. As of September 11, 2007, all operators or certificate holders must have applied for and have been operating in accordance with LOA A049, issued by the FSDO nearest to its principal place of business. The seven items listed in § 91.147(c) represent the minimum amount of information required for the national database and the issuance of LOA A049 to the part 91 operators. Certificate holders comply with most of these requirements through the issuance of other applicable OpSpecs:

1)      Name of operator, agent, and any DBA under which that operator does business (template/OpSpec A001);
2)      Principal business address and mailing address (template/OpSpec A001);
3)      Principal place of business (if different from business address) (template/OpSpec A001);
4)      Name of person responsible for management of the business (LOA A049);
5)      Name of person responsible for aircraft maintenance (LOA A049);
6)      Type of aircraft, registration numbers(s), and make/model/series (LOA A049); and
7)      A copy of the Antidrug and Alcohol Misuse Prevention Program registration (LOA A049). This information will be used to populate Table 3 (Location of Records for Inspection) in LOA A049. The population of this table “activates/registers” the drug abatement program for future inspection by AAM‑800.

Note:       The operator must implement its drug and alcohol testing programs in accordance with part 121 appendices I and J.

D.    Special Agreements. Some operators may have agreements with other parts of the FAA, such as air traffic, directly or through outside industry associations to conduct flights in a certain way or airspace. These special agreements need to be documented in the LOA A049. The documentation of these agreements in LOA A049 does not imply nor require that the agreements are approved by the Flight Standards PI.

Note:       Section 136.3 now allows amendment and reconsideration of LOAs through § 119.51.

E.     Hawaiian Air Tour Operators. The Hawaii air tour operators conducting these commercial air tour operations under § 91.147 must be issued LOA A049. The Hawaiian air tour operators may be issued a deviation (previously under SFAR 71) using LOA/OpSpec B048. The deviation authorizes the operator/certificate holder to conduct § 91.147 commercial air tour operations below an altitude of 1,500 feet above the surface in accordance with the appropriate requirements of part 136 and part 136 appendix A, and the limitations and provisions of B048.

F.      Air Tour Operations Under § 91.147 and § 136.37. The requirements of § 91.147 and those of § 136.37 are two separate requirements. Some commercial air tour operators conduct overflights of national parks and fall under the exception in § 136.37. OpSpec/LOA B057 is required for national parks and is issued in addition to LOA A049. OpSpec/LOA B057 authorizes a certificate holder or operator to conduct commercial air tour operations over national park(s) and tribal lands within or abutting the national park in accordance with part 136. See OpSpec/LOA B057 for guidance regarding air tour operations under § 136.37.

G.    The National Air Tour Safety Standards Final Rule (72 FR 6911). Final Rule 72 FR 6911 published on February 13, 2007, and effective March 15, 2007, set safety and oversight rules for a broad variety of sightseeing and commercial air tour flights with changes in parts 61, 91, 119, 121, 135, and 136. Intended effects of this rule are to identify the air tour operators in a national database, standardize requirements for commercial air tour operators, and consolidate air tour safety standards within part 136. The rule change responded to NTSB recommendations, Government Accountability Office (GAO) reports, and DOT General Reports that recommend better oversight of the sightseeing (commercial air tour) industry. The preamble and final rule are posted on the DOT Web site at URL: http://dms.dot.gov/search/document.cfm?documentid=452251&docketid=4521.

Note:       Exemptions to this rule are outlined in § 91.146.

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

OPSPEC A051. Reserved.

OPSPEC/MSPEC/LOA A052. Reserved.

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

OPSPEC A054, (PART 133 DATABASE ONLY) INSTRUMENT FLIGHT RULES OPERATIONS (FOR PART 133, EXTERNAL LOAD OPERATIONS ONLY). (Guidance is found in Volume 2, Chapter 7, Initial Certification/Renewal of a Part 133 Operator.)

OPSPEC A055, CARRIAGE OF HAZARDOUS MATERIALS.

A.     Authorization. Operations specification (OpSpec) A055 is an optional authorization applicable to certificate holders conducting operations under 14 CFR parts 121 or 135 that choose to comply with the applicable regulations to carry hazardous materials (hazmat).

B.     Regulatory Changes. With the publication of Federal Register (FR) 58796, Vol. 70, No. 194, Friday, October 7, 2005, a change to part 119, § 119.49(a)(13) was effective November 7, 2005, as follows:

1)      Section 119.49(a)(13) requires all certificate holders conducting operations under parts 121 or 135 to indicate in their operations specification that they “will‑carry” or “will‑not‑carry” hazmat. OpSpec A055 is issued for those that “will‑carry” hazmat. OpSpec A004 must contain the statement in subparagraph b that the certificate holder “will‑not‑carry” hazmat.
2)      This FR also required that after February 7, 2007, these certificate holders must comply with the manual requirements of parts 121 and 135, §§ 121.135(b)(23) or 135.23(p) and with the hazmat training program requirements of §§ 121.1003 through 121.1007 or §§ 135.503 through 135.507, as applicable.
3)      These changes align U.S. implementation with International Civil Aviation Organization (ICAO) standards for the carriage of hazmat, which recommend initial and biennial recurrent training programs. Additionally, ICAO recommends the certificate holder be specifically authorized by its state of authority to carry hazmat.

C.     Part 91 Subpart K (Part 91K) Program Managers and Part 125 Operators. There is no OpSpec A055 for part 125 operators or management specification (MSpec) A055 for part 91K. Section 91.1085 requires hazardous material (hazmat) recognition training. No program manager may use any person to perform any assigned duty/responsibility for handling or carriage of hazmat unless that person has received training in the recognitions of hazmat.

1)      Therefore, any program manager who delegates such an assignment would be a “hazmat employer” in accordance with Title 49 of the Code of Federal Regulations (49 CFR) part 172, § 172.702(d).
2)      Any person so assigned, must be trained in accordance with § 172.704(a).
3)      If the part 91K program manager makes a business decision not to accept hazmat and does not assign any person to perform a duty or responsibility to handle or carry hazmat, then recognition training is not required.

D.    Certificate Holders That Choose to Carry Hazmat (Will‑Carry).

1)      A certificate holder conducting operations under part 121 or 135 that chooses to carry hazmat (and Company Materials (COMAT) identified as hazardous) must provide to its principal operations inspector (POI) a general outline of the aspects of the proposed training program as presented in Table 1, Operators That Transport Hazardous Material – Will‑Carry Certificate Holders, of part 121, appendix O and the manual with the procedures and information to be used to assist the flightcrew members. The POI will forward this material to the appropriate regional hazmat branch manager’s office (see Volume 2, Chapter 2, Section 6 for references). Generally, air carriers must only submit an outline sufficient to provide an overview of the training program in regard to the aspects and functions covered in Tables 1 and 2, Operators That Do Not Transport Hazardous Materials – Will‑Not‑Carry Certificate Holders, of part 121 appendix O. The hazmat branch manager will review the submission to determine that it includes the relevant training aspects for the cited job functions.
2)      Provided the following conditions are met, the certificate holder may be authorized to accept, handle, and transport materials, including COMAT (regulated as hazmat in transport under 49 CFR parts 171 through 180 (part 175 in particular)).
a)      Packages containing hazmat are properly offered and accepted in compliance with parts 171 through 180;
b)      Packages containing hazmat are properly handled, stored, packaged, loaded, and carried onboard the certificate holder’s aircraft in compliance with parts 171 through 180;
c)      The requirements for the notification to the PIC (part 175, § 175.33) are complied with; and
d)      Aircraft replacement parts, consumable materials or other items regulated by parts 171 through 180 are properly handled, packaged, and transported.
3)      Additionally, for each crewmember and person performing or directly supervising the following job functions involving items for transport on an aircraft, the certificate holder’s manual required by §§ 121.133 or 135.21 shall contain those procedures and information necessary to assist the crewmember or other person in identifying packages marked or labeled as containing hazmat or show signs of containing undeclared hazmat, including procedures and information on the following:

·        Acceptance.

·        Rejection.

·        Handling.

·        Storage incidental to transport.

·        Packaging of company material.

·        Loading.

4)      The manual required by §§ 121.133 or 135.21, as appropriate, shall contain the certificate holder’s procedures for rejecting packages that do not conform to the Hazardous Materials Regulations (HMR) in parts 171 through 180, or that appear to contain undeclared hazmat.
5)      The manual required by §§ 121.133 or 135.21, as appropriate, shall contain the certificate holder’s procedures for complying with the hazmat incident reporting requirements of part 171, §§ 171.15 and 171.16 and discrepancy reporting requirements of § 175.31.
6)      The certificate holder is responsible for maintaining the records in initial and recurrent hazmat training within the three preceding years of all direct employees, contractors, and subcontractors directly supervising or performing an applicable job function as described in part 121 subpart Z for or on behalf of the certificate holder. The training records may be electronic or paper and must be made available to the FAA upon request at the location the trained person performs or directly supervises the covered job function.
7)      The following recordkeeping requirements are identical to those required by § 172.700, the International Air Transport Association (IATA), and the International Civil Aviation Organization (ICAO):

·        Individual’s name.

·        Most recent training completion date.

·        A description, copy, or reference to training material.

·        Name and address of organization providing training.

·        Copy of certification used to show test was satisfactorily completed.

E.     Certificate Holders that Choose Not to Carry Hazmat (Will‑Not‑Carry).

1)      OpSpec A004 will state that the certificate holder conducting operations under part 121 or 135 is not authorized and shall not carry hazmat, satisfying the OpSpec regulatory requirement for a “will‑not‑carry” certificate holder. The certificate holder is prohibited from accepting, handling, or transporting those materials, including hazardous COMAT, regulated as hazmat in transport under parts 171 through 180.
2)      Consistent with this prohibition, for each crewmember and person performing or directly supervising the acceptance, handling, storage incidental to transport, or loading of items for transport on an aircraft, the certificate holder’s manual required by §§ 121.133 or 135.21 (as appropriate) shall contain those procedures and information necessary to assist the crewmember or other person in identifying packages that are marked or labeled as containing hazmat or that show signs of containing undeclared hazmat.
3)      The manual required by §§ 121.133 or 135.21, as appropriate, shall contain the certificate holder’s procedures for rejecting packages offered for transport that contain hazmat or that appear to contain undeclared hazmat.

F.      Basic, Single PIC, and Single‑Pilot Operators.

1)      Operators issued OpSpecs A037 through A039 must have an approved hazmat program and should use the hazmat program currently accepted/approved by their respective regional hazardous material branch. These certificate holders conducting operations under part 135 will need to have OpSpec A055 issued if they are a “will‑carry” certificate holder. These certificate holders may have to comply with the manual requirements for the carriage of hazmat if the hazardous material branch manager requires it.
2)      Single‑pilot operators issued OpSpec A040 may comply with the hazmat program by submitting a program for acceptance by the FAA if they are a “will‑carry” certificate holder. They will be issued OpSpec A055 if they are a “will‑carry” certificate holder. There is no manual requirement for a single‑pilot operator issued OpSpec A040.

G.    Reference.

·        70 FR 58796 (No. 194); October 7, 2005.

OPSPEC/MSPEC/LOA A056, DATA LINK COMMUNICATIONS.

A.     General. Template A056 contains specific operational limitations and provisions for granting authorization to operators of aircraft under part 91, 121, 125, 135, or 91 subpart K to conduct data link communications using aircraft systems that are certificated for air–ground air traffic services (ATS).

1)      Parts 91, 121, 125, and 135 operators, and part 91K program managers conducting flight operations in oceanic and remote airspace may use data link communications systems (i.e., Future Air Navigation System (FANS) (FANS‑1/A or equivalent)). Operations using data link communications within domestic airspace require very‑high frequency (VHF) radios called very‑high frequency digital link Mode 2 (VDL‑2), compatible with ATS.
2)      Data link may be used as a supplement to voice communications with ATS. Voice communications must be continually monitored because aircraft still must be equipped with operating VHF voice and, when required, high frequency (HF) voice radios along the entire flight route.
3)      All data link operations in domestic airspace are limited to the en route phase of flight where radar or an equivalent surveillance system such as Automatic Dependence Surveillance‑Broadcast (ADS‑B) is available for surveillance services.
4)      All aircraft used to conduct data link operations in domestic airspace must be equipped with an FAA‑certified collision avoidance system that is on and operating. (Reference part 91, § 91.221; part 121, § 121.356; part 125, § 125.224; part 129, § 129.18; and part 135, § 135.180.)
5)      An exception to the requirement for data link communication systems is the FANS‑1/A system in oceanic or remote airspace. The FANS‑1/A communications system can only be approved for data link operations in oceanic and remote area airspace. FANS‑1/A systems are not interoperable with the VDL‑2 infrastructure for domestic data link communications.

B.     Data Link Training. Part 121 and 135 air carriers, and part 91K program managers must have an approved data link training program for their maintenance and flightcrew personnel, as outlined in FAA AC 120‑70, Operational Authorization Process for use of Data Link Communication System, current edition.

C.     Authorization for Data Link Use. For part 91, 121, 125, and 135 operators and part 91K program managers, the POI will coordinate with the principal avionics and PMIs on the following matters:

1)      Equipment and systems certification, and airworthiness approval review;
2)      The content of the OpSpec authorization;
3)      The required communication performance;
4)      The AFM;
5)      Additional MEL requirements and relief; and
6)      Other elements necessary for the safe and effective use of data link communications.

Note:       POIs should be aware that there may be additional limitations and guidance for specific airplanes in Flight Standardization Board (FSB) reports.

D.    Contents of Operator Application for Operational Authorization to Use Data Link. The operator’s application to obtain authorization to use data link must address and contain the following subjects:

1)      List of source documents used:
a)      For generic data link operations (e.g., aircraft/avionics manufacturer documents).
b)      For area of operations specific policy/procedures. (See item 3 below.)
2)      Description of aircraft data link systems including certification documents and current configuration (e.g., current avionics load).
3)      Data link system make/model/series. All STC and AFM limitations and procedures.
4)      General information.
5)      Areas of operation/routes where operator intends to use data link.
a)      List of areas and/or routes where operator intends to conduct data link operations.
b)      List of air traffic centers/service providers with which the operator intends to communicate via data link.
c)      List of policy and procedures source documents applicable to each area(s) of operations, such as:

1.      Operations manuals for specific areas of operations (e.g., FANS‑1/A Operations Manual (FOM) for operation in Asia–Pacific flight information regions (FIR)).

2.      State Aeronautical Information Publications (AIP).

3.      State Notices to Airmen.

4.      FAA chart supplements (e.g., Pacific and Alaska chart supplement).

6)      Flightcrew qualification programs.
7)      Manuals and other publications.
8)      MMEL/MEL.
9)      Issues unique to a particular operator.
10)  Maintenance programs.

E.     Contents of Flightcrew Qualification Programs.

1)      Academic Training Subjects. A basic source document for data link procedures in oceanic areas is the FOM, part 5. Policy and procedures applicable to specific FIRs are in state AIPs and NOTAMs. Address the following areas:

·        Acronym Source: FOM part 2,

·        General concepts of digital and analog communications,

·        Expected flightcrew response,

·        ATS coordination,

·        Aircraft digital or analog communication equipment components, displays, alerts. (Sources: aircraft manufacturer documents.),

·        Interface with other aircraft systems,

·        AFM information MEL provisions,

·        Data link events reports,

·        Data link malfunction or irregularity reports, and

·        Human factors—lessons learned.

2)      Operational Use Training.

·        General requirement,

·        Simulators,

·        Computer‑based instruction,

·        Policy on initial pilot evaluation, and

·        Recurrent training and evaluation.

3)      Currency (recent experience).
4)      Line Checks and Route Checks (if applicable).
5)      Line‑Oriented Flight Training (if applicable).

F.      Operational Authorization Documents. This issuance of paragraph A056 grants approval to use data link communications in operations. Either the certificate management office or Flight Standards District Office should coordinate the approval with AFS‑400.


Table 3‑23.       Communications Systems and Operating Environments

This table lists the systems and their operating environment including the applicable criteria with references.

Row

Aircraft Data Link System

Operating Environment

Applicable Standards

Type of Airspace

ATS Unit System

Capabilities and Uses

1

ATN B1

Domestic (Continental)

ATN B1

Supplemental ATC communications:

Communication application supports data link initiation capability (DLIC) data link service.

Controller Pilot Data Link Communications (CPDLC) application supports ACM, ACL, and AMC data link services.

Note 1: departure clearance (DCL), downstream clearance (DSC), (Digital‑ Automatic Terminal Information Service (D‑ATIS), and Flight Plan Consistency (FLIPCY) data link services are not supported.

a. DO‑290/ED‑120, Chg 1 and Chg 2, Continental Safety and Performance (SPR) Standard.

b. DO‑280B/ED‑110B air traffic management (ATM) B1 INTEROP Standard.

2

FANS 1/A+

Domestic (Continental)

ATN B1 FANS‑1/A

Same as row 1 except:

Uses Aeronautical Telecommunications Network (ATN) ATC Facilities Notification (AFN) application for DLIC data link service.

For CPDLC application, UM 215, TURN (direction) (degrees) is not supported.

Note 2: FANS 1/A aircraft will require use of DM67 (free text) to mimic certain message elements per DO‑290/ED‑120 Chg 1 and Chg 2. See DO‑305/ED‑154 paragraph 4.2.13.2.

Note 3: In accordance with DO‑290/ED‑120, Chg 1 and Chg 2, FANS 1/A aircraft will require use of a message latency timer per DO‑258A/ED‑100A, paragraph 4.6.6.9 and is denoted by a “+” appended to the “FANS 1/A” label.

Note 4: Only via VHF data link subnetwork.

Same as row 1 plus:

a. DO‑305/ED‑154, FANS 1/A‑ATN INTEROP Standard (Applies only to ATS Unit except see note 2).

b. DO‑258A/ED‑100A, FANS 1/A INTEROP Standard (Applies only to aircraft).

3

FANS 1/A+ or FANS 1/A

Oceanic and remote

FANS‑1/A

Normal means of ATC communication uses AFN and CPDLC applications for direct controller‑pilot communications (DCPC).

Eligible for:

Required Communication Performance (RCP) 240 operations via VHF, SATCOM Iridium and SATCOM Inmarsat subnetworks.

RCP 400 operations via HF data link subnetwork.

No RCP operations.

Note 4: Aircraft capability that supports multiple RCP type operations needs to include appropriate indications and/or alerts to enable the flightcrew to notify ATC when aircraft equipment failures result in the aircraft’s ability to no longer meet its criteria for any of the RCP types, per DO‑306/ED‑122, paragraph 5.2.6.a) and 5.2.6.b).

Uses ADS‑C application for automatic position reporting.

a. DO‑306/ED‑122, Oceanic SPR Standard.

b. DO‑258A/ED‑100A (or earlier versions) FANS 1/A INTEROP Standard.

4

FANS 1/A+ or

FANS 1/A

Oceanic and Remote

CADS

No CPDLC application.

Uses ADS‑C application for automatic position reporting.

a. DO‑306/ED‑122 Oceanic SPR Standard.

b. DO‑258A/ED‑100A (or earlier version), FANS 1/A INTEROP Standard (Applies only to aircraft)

c. Centralized ADS (CADS) Common Specification, Version 2.0, approved ICAO NAT FIG/10, Paris, March 29–April 2, 2004 (Applies only to ATS unit)

5

Flight management system waypoint position reporting (FMS WPR)

Oceanic and Remote

CFRS

Same as row 4

a. DO‑306/ED‑122, Oceanic SPR Standard

b. ARINC 702A, Advanced Flight Management Computer System (Applies only to aircraft)

c. Central Flight Management Computer Waypoint Reporting System (CFRS) Common Specification, Version 2.0, approved International Civil Aviation Organization (ICAO) North Atlantic (NAT) FIG/10, Paris, March 29–April 2, 2004 (Applies only to ATS unit when ATS unit is CADS)

6

FANS 1/A

ADS‑C

Oceanic and Remote

FANS‑1/A or CADS

Same as row 4

a. DO‑306/ED‑122 Oceanic SPR Standard

b. DO‑258A‑ED‑100A (or earlier version) FANS 1/A INTEROP Standard (If ATS unit is CADS, applies only to aircraft)

c. CADS Common Specification, Version 2.0, approved ICAO NAT FIG/10, Paris, March 29–April 2, 2004 (Applies only to ATS unit when ATS unit is CADS


MSPEC A058, SINGLE PILOT PROGRAM FLIGHTS. The program manager may be authorized to use certain program aircraft with approved autopilot systems in single pilot program flights provided the limitations and provisions of MSpec A058 are met.

MSPEC A059, USE OF ALTERNATE MANUALS, PROGRAMS, OR SYSTEMS. The program manager may be authorized to use specific alternate manuals, programs, or systems (except for flight, duty, and rest provisions) in accordance with the limitations and provisions of MSpec A059.

OPSPEC A060, EUROPEAN AVIATION SAFETY AGENCY RATINGS FOR REPAIR STATIONS LOCATED OUTSIDE THE UNITED STATES. This paragraph authorizes work performed under European Aviation Safety Agency (EASA)‑rated repair stations if the appropriate form (EASA Form 3) authorizes the scope of the work.

OPSPEC/MSPEC/LOA A061, USE OF ELECTRONIC FLIGHT BAG.

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

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

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

1)      Class 3 hardware and Type C software will be FAA‑approved by the normal type certification processes (type certificate (TC)/Supplemental Type Certificate (STC)). For operations conducted under parts 91K, 121, 125 (including deviation holders), and 135, all EFBs will be authorized for use by OpSpec/MSpec/LOA. AEG evaluation of Class 3 and/or Type C will be published in the applicable Flight Standardization Board (FSB) report.
2)      Class 1 or 2 hardware (with Type A and/or B software applications) must be demonstrated to reliably meet intended EFB functions. It is the responsibility of the applicant and/or the EFB hardware/software vendor to ensure that its EFB system and Type A and B software applications can accurately perform intended functions. AEG evaluation of a Class 1 or 2 EFB (with Type B applications) will be at the AEG’s discretion and published in an Operational Suitability Report (OSR) for the particular EFB.

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

1)      In AC 120‑76, the words “approved” and “approval” are used in many instances when referring to actions that may be accomplished by Flight Standards Service (AFS) ASIs. The uses of these words are intended to reflect the general process for approval or acceptance. The general process of approval or acceptance of certain operations, programs, documents, procedures, methods, or systems is an orderly method used by AFS inspectors to ensure that such items meet regulatory standards and provide for safe operating practices. It is a modular, generic process that can be applied to many types of approval or acceptance tasks. It is important for inspectors to understand that this process is a tool to be used with good judgment.
2)      The application of the approval process described in ASI handbooks, coupled with the plain English definitions of approved and approval, has led to some confusion in the aviation community. AFS ASIs have no authority to approve EFB hardware or EFB application software. The guidance in this section is not intended to stop or restrict the operational use of these devices and software, but to clarify the role of AFS ASIs with regard to EFBs.

D.    Guidance.

1)      The authorization to use an EFB is optional and applicable to operators conducting operations under parts 91K, 121, 125 (including LODA holders), and 135. ASIs may authorize the use of Class 1, 2, and 3 EFB devices. (OpSpec/MSpec/LOA A025 is no longer used for the EFB authorization.)
2)      Use A061 Table 1 for authorizing the use of a Class 1 EFB with Type “B” software installed or any Class 2 or 3 EFB. OpSpec/MSpec/LOA A061 will be used to document the aircraft make, model, and series (M/M/S), the EFB hardware class, manufacturer, model, software type, source, and revision number. Compliance with the requirements of OpSpec/MSpec/LOA A061 should be validated during routine inspections of the operator before it is issued.
3)      ASIs and AEGs are not responsible for approving Class 1 and 2 EFB hardware and associated Type A and B application software.
a)      Installation requirements and airworthiness approvals remain unchanged as specified in AC 120‑76.
b)      The appropriate AEG, at their discretion, may evaluate the EFB device installations that present new or novel functions and provide a report of operational suitability and/or adverse findings to the responsible aircraft certification or airworthiness entity having approval authority for the initial installation. OSRs are available at http://fsims.avs.faa.gov under “Publications,” “MMEL & AEG Guidance Documents,” “Flight Standardization Board (FSB) Reports.” ASIs should ensure that an operator complies with these reports when they are available for a particular EFB.
4)      Class 1 and 2 EFB devices. A061 provides standardized text for the use of Class 1 and 2 EFB devices. The following is applicable for authorizing the use of Class 1 and 2 EFB devices:
a)      Class 1 and/or 2 devices with Type A and/or B application software may be authorized for use in accordance with the technical guidance specified in AC 120‑76. Class 1 devices with Type A or B application software and/or Class 2 devices with Type A or B application software and/or software approved under TSO‑C165 (Type C) may be used.

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

b)      The maintenance and avionics inspectors must ensure that the aircraft and equipment have the proper airworthiness approvals for any power, databus connections, or mounting.
c)      Training for the use and/or maintenance of the EFB by the certificate holder/program manager must be documented and included in the operator’s approved training program and applicable maintenance program.
d)      The certificate holder/program manager will specify the procedures for updating and maintaining any databases necessary to perform the intended functions of the EFB in its manual.
e)      The principal inspector (PI) is responsible for conducting a review of the system performance to ensure its acceptability prior to granting authorization to use. The PI should review the system performance using the EFB system user’s manual/pilot’s guide. The PI is responsible for evaluating the operators use of the EFB in normal and emergency operations, but not a review of the actual hardware or software.
f)        The AEG is available to assist with questions and guidance regarding EFB operational evaluations. The PI should contact the AEG when an operator submits a request for authorization to use an EFB that includes a new or novel function. The AEG may evaluate Class 1 or 2 hardware or Type B software applications as necessary to address progression in available EFB equipment and functions in the aviation industry.
g)      If a Class 1 or 2 EFB device is authorized for use, the ASI must enter the appropriate EFB information into the cells of the table. All other information in regard to the authorization for the use of an EFB should be documented in the operator’s manual and not written into A061.
5)      Aircraft Certification Service (AIR) must provide design, installation, and airworthiness approval for Class 3 EFB hardware that is permanently installed on an aircraft. This will be accomplished by incorporating the EFB into the aircraft type design or STC, not by field approvals. If a Class 3 EFB device is authorized to be used, the table in A061 should be appropriately filled out.
a)      The Type C application software associated with Class 3 EFB device is also certified by AIR in reference to the current edition of RTCA/DO‑178B, Software Considerations in Airborne Systems and Equipment Certification. Type A and B application software may be installed on these devices, but require no approval by the ASI as this software is protected from the Type C application software in the RTCA/DO‑178 standard.
b)      Operators should have procedures to control revisions to the EFB software in their manuals. Software version control is accomplished by using Table 1 in OpSpec/MSpec/LOA A061.
c)      If Type A or B software is used in conjunction with Type C software in the Class 3 EFB, the name of the software must be documented in Table 1 of OpSpec/MSpec/LOA A061.
6)      Simulator and/or in‑flight validation tests may be needed to fully determine the suitability of the use of an EFB (see AC 120‑76, paragraph 12(j), pages 21 and 22). Each operator’s proposed EFB functionality and software will vary, and scenarios should be customized for the particular situation by the inspector and applicant. It is the operator’s responsibility to demonstrate the function and reliability of the EFB.
a)      Validation flight scenarios should be used to ensure that the EFB device’s use has adequately transitioned into the operator’s overall training and operations programs. In some cases, the task will be completed entirely with an EFB, while in other cases the EFB device may be used together with other sources of information, such as paper charts or documents, depending on the capabilities of the EFB device and its operational implementation.
b)      The required EFB validation flight scenario differences could be affected by other factors, such as:

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

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

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

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

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

1)      ASIs will provide technical advice and guidance to operators, when requested, to assist them in evaluating their selected EFB devices using the technical guidance found in AC 120‑76 but will no longer issue FAA approvals for the hardware and software. Authorization for use will be issued in reference to subparagraph E3) below.
2)      If the operator has OpSpec A025 issued for electronic recordkeeping systems without the use of an EFB, it is not necessary to reissue that operator’s OpSpec A025. Electronic recordkeeping system functions may co‑reside on an EFB device and, if so, OpSpec A025 as well as OpSpec A061 should be issued as instructed below.
3)      ASIs will use the new OpSpec/MSpec/LOA A061 EFB to authorize the use of a Class 1, 2, or 3 EFB device. Compliance with the requirements of OpSpec/MSpec/LOA A061 should be validated prior to the initial authorization to use an EFB and during routine inspections of the operator. If an EFB is authorized to be used, the table in A061 should be appropriately filled out. All other information in regard to the authorization should be documented in the operator’s manual and not written into A061.

OPSPEC/MSPEC A096, ACTUAL PASSENGER AND BAGGAGE WEIGHT PROGRAM FOR ALL AIRCRAFT. Passenger and cargo only operations conducted under 14 CFR parts 91K, 121, 125, and 135 that use actual weights, or asked/volunteered weights plus 10 pounds to account for the weight and balance of all company owned and operated aircraft, must be issued OpSpec A096. If OpSpec A096 is issued, OpSpecs A097, A098, and/or A099 may not be issued.

Note:       Operators authorized to use average weight always retain the option to use actual weights.

OPSPEC/MSPEC A097, SMALL CABIN AIRCRAFT PASSENGER AND BAGGAGE WEIGHT PROGRAM. Operators of small‑cabin aircraft (aircraft type certificated for 5 to 29 passenger seats) that wish to use any combination of standard average, survey derived average, segmented, and/or actual passenger and baggage weights must be issued OpSpec A097. (The classification of small‑, medium‑, and large‑cabin aircraft is based on the maximum type certificated number of passenger seats authorized for an aircraft, not the seating configuration as operated) If an operator elects to use only actual passenger and baggage weights, only OpSpec A096 must be issued. Table 1 of OpSpec A097 approves and tracks the general weight and balance control program weights that may consist of any combination of average, survey derived average, segmented, and/or actual weights. Operators approved for survey derived average weights must specify the expiration date of such weights. The expiration date for survey derived average weights may not exceed 36 calendar‑months, beginning the month the survey was completed to derive such average weights. Use Table 2 of OpSpec A097 to approve route specific program weights. The route specific program weights may be comprised of any combination of standard average, survey derived average, segmented, and/or actual passenger and baggage weights. Review AC 120‑27, Aircraft Weight and Balance Control, current edition, before issuing OpSpec A097 to verify operator weight and balance control program compliance.

OPSPEC/MSPEC A098, MEDIUM CABIN AIRCRAFT PASSENGER AND BAGGAGE WEIGHT PROGRAM. Operators of medium‑cabin aircraft (aircraft type certificated for 30 to 70 passenger seats) that wish to use any combination of standard average, survey derived average, segmented, and/or actual passenger and baggage weights must be issued OpSpec A098. (The classification of small‑ , medium‑ , and large‑cabin aircraft is based on the maximum type certificated number of passenger seats authorized for an aircraft, not the seating configuration as operated.) If an operator elects to use only actual passenger and baggage weights, OpSpec A096 must be issued. Table 1 of OpSpec A098 approves and tracks the general weight and balance program weights that may consist of any combination of average, survey derived average, segmented, and/or actual weights. Operators approved for survey derived average weights must specify the expiration date of such weights. The expiration date for survey derived average weights may not exceed 36 calendar‑months, beginning the month the survey was completed to derive such average weights. Use Table 2 of OpSpec A098 to approve route specific program weights. The route specific program weights may be comprised of any combination of standard average, survey derived average, segmented, and/or actual passenger and baggage weights. Review AC 120‑27, Aircraft Weight and Balance Control, current edition, before issuing OpSpec A098 to verify operator weight and balance control program compliance.

OPSPEC/MSPEC A099, LARGE CABIN AIRCRAFT PASSENGER AND BAGGAGE WEIGHT PROGRAM. Operators of large‑cabin aircraft (aircraft type‑certificated for 71 or more passenger seats) that wish to use any combination of standard average, survey derived average, segmented, and/or actual passenger and baggage weights must be issued OpSpec A099. (The classification of small‑, medium‑, and large‑cabin aircraft is based on the maximum type‑certificated number of passenger seats authorized for an aircraft, not the seating configuration as operated.) If an operator elects to use only actual passenger and baggage weights, OpSpec A096 needs to be issued. Table 1 of OpSpec A099 approves and tracks the general weight and balance program weights that may consist of any combination of average, survey derived average, segmented, and/or actual weights. Operators approved for survey derived average weights must specify the expiration date of such weights. The expiration date for survey derived average weights may not exceed 36 calendar‑months, beginning the month the survey was completed to derive such average weights. Use Table 2 of OpSpec A099 to approve route specific program weights. The route specific program weights may be comprised of any combination of standard average, survey derived average, segmented, and/or actual passenger and baggage weights. Review AC 120‑27, Aircraft Weight and Balance Control, current edition, before issuing template A099 to verify operator weight and balance control program compliance.

OPSPEC A101, ADDITIONAL FIXED LOCATIONS. This paragraph identifies additional locations (facilities) within the FSDO that collectively form a certificated part 145 repair station’s operational base without having to certificate each facility as a stand‑alone or satellite repair station.

A.     Additional Locations. All additional locations of the certificated repair station must be under the full control of the primary facility listed in OpSpec A001. Individual facilities are not required to be completely equipped with tools, equipment, and parts, but must have them available when they perform the work.

B.     Repair Station Manual (RSM). The RSM must contain detailed procedures for the transport of equipment and parts between facilities. The RSM should also outline procedures to ensure adequate personnel are available to support the additional fixed locations/facilities while articles are undergoing maintenance. Further, using additional fixed locations does not constitute work away from the repair station.

C.     Bilateral Agreement (BA) Including Provisions for Maintenance. When a repair station is located in a country with which the United States has signed a BA that includes provisions for maintenance of aircraft, engines, and appliances for installation on U.S.‑registered aircraft, the repair station may operate in multiple facilities under one FAA air agency certificate within that country. The authorization requires the cooperation of the local national aviation authority.

Note:       The repair station’s additional locations may only be within the geographic boundaries of the BA country.

OPSPEC A317, ACCEPTANCE OF A FATIGUE RISK MANAGEMENT PLAN (FRMP).

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

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

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

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

OPSPEC/MSPEC/LOA A353, AUTOMATIC DEPENDENT SURVEILLANCE‑BROADCAST (ADS‑B) OPERATIONS OUTSIDE OF U.S.‑DESIGNATED AIRSPACE: 14 CFR PARTS 91, 91K, 121, 125, 125M, AND 135 CERTIFICATE HOLDERS/OPERATORS. Automatic Dependent Surveillance-Broadcast (ADS‑B) is a new system for air traffic surveillance within those areas where the ground infrastructure (ADS‑B ground station and air traffic communications network) is in place and available. ADS‑B is expected to play an increasing role in the National Airspace System (NAS) as its capabilities evolve, and is expected to be a key element in improving the use of airspace, improving airport surface surveillance, and enhancing safety. ADS‑B Out is the capability to send a formatted message that includes elements such as position, altitude, velocity, direction, etc., for use by air traffic in providing air traffic separation services.

A.     General Guidance.

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

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

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

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

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

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

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

·        Aircraft horizontal position (latitude/longitude).

·        Aircraft barometric altitude.

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

·        Flight ID.

·        Special Position Indicator (SPI).

·        Emergency status.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1.      The main ADS‑B transponder is replaced.

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

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

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

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

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

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

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

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

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

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

·        ADS‑B system description,

·        Cockpit setup,

·        En route irregular/emergency procedures,

·        Communications,

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

·        Authorization (see subparagraph D1)).

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

1.      Use of ADS‑B Out equipment,

2.      Specific regional operating practices,

3.      Normal procedures,

4.      Flight planning,

5.      Surveillance phraseology,

6.      Emergency procedures,

7.      Dispatch considerations (as applicable),

8.      Minimum equipment list (MEL) considerations,

9.      Human factors,

10.  Safety considerations,

11.  Equipment limitations, and

12.  Contingency planning.

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

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

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

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

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

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

Figure 3‑67D.   Sample Application Package Checklist

Category

Title

Description

Revision History

Revision History A353, 14 CFR Part 121

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

FAA Order

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

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

Civil Aviation Order

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

Australian CASA’s ADS‑B requirements.

Civil Aviation Order

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

Australian CASA’s ADS‑B requirements.

Advisory Circular

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

Transport Canada AC on ADS‑B.

Advisory Circular

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

ADS‑B equipment approval for the NAS.

Aeronautical Information Circular

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

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

Aeronautical Information Circular

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

 

OpSpec/Mspec/LOA

A353 Authorization WebOPSS Job Aid

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

Other

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

 

Other

Sample Application Package Checklist

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

 

 

 

Other

Sample Training Topics Checklist

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

 

 

 

Other

NAV CANADA ADS‑B Functional Compliance Survey Form

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

 

 

 

Other

Sample ADS‑B Phraseology

Surveillance phraseology.

Other

ICAO Flight ID—FMC Quick Reference

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

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

Figure 3-67G, Automatic Dependent Surveillance-Broadcast Application Submittal Process Flowchart

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

1090ES

1090 MHz Extended Squitter

ADS‑B

Automatic Dependent Surveillance‑Broadcast

ADS‑B‑NRA

Automatic Dependent Surveillance‑Broadcast‑Non‑Radar Area

AFM

Airplane Flight Manual

AFMS

Airplane Flight Manual Supplement

AIM

Aeronautical Information Manual

AMC

Acceptable Means of Compliance

ASSAP

Airborne Surveillance and Separation Assurance Processing

ATC

Air Traffic Control

ATS

Air Traffic Service

EASA

European Aviation Safety Agency

FIR

Flight Information Region

FOM

Flight Operations Manual

GNSS

Global Navigation Satellite System

GPS

Global Positioning System

ICAO

International Civil Aviation Organization

LOA

Letter of Authorization

LODA

Letter of Deviation Authority

MEL

Minimum Equipment List

MHz

Megahertz

M/M/S

Make, Model, and Series

NAS

National Airspace System

NextGen

Next Generation Air Transportation System

NM

Nautical Mile

NOTAM

Notice to Airmen

POH

Pilot’s Operating Handbook

RAIM

Receiver Autonomous Integrity Monitoring

RIN

Regulation Identifier Number

RNP

Required Navigation Performance

SSR

Secondary Surveillance Radar

STC

Supplemental Type Certificate

TCAS

Terrain Collision and Avoidance System

TCCA

Transport Canada Civil Aviation

TSO

Technical Standards Order

OPSPEC A354. Reserved for United Airline use only.

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

A.     General. OpSpec A447 is a permanent data collection OpSpec paragraph for certificate holders that conduct operations under 14 CFR parts 121, 125, and 135. The Emergency Airworthiness Directive (AD) Notification was originally put into OpSpec A047 and now is contained in A447 (see below for completion and issuance instructions for A447).

1)      Essentially, the notification of emergency AD “receipt” is the responsibility of an operator’s management personnel. Part A of the templates is for general operations and management responsibilities.
2)      The principal operations inspector (POI), along with the principal maintenance inspector (PMI) and the principal avionics inspector (PAI), is responsible to see that a certificate holder complies with an AD, as applicable for the operations of any particular aircraft. All three PIs are responsible for all the templates in Part A.
3)      If needed, the principal inspector (PI) should fill out the appropriate information for the certificate holder and “activate” the OpSpec paragraph. The certificate holder is not required to sign the paragraph in the same way as an OpSpec authorization. If the FAA signs and activates the paragraph, it is considered to be effective.
4)      The FAA uses the 400‑series of templates in the OPSS for data collection.

B.     When to Issue an AD. ADs are substantive regulations issued by the FAA in accordance with 14 CFR part 39. ADs are issued when an unsafe condition has been found to exist in particular aircraft, engines, propellers, or appliances installed on aircraft. ADs are also issued when that unsafe condition is likely to exist or develop in other aircraft, engines, propellers, or appliances of the same type design. Once an AD is issued, no person may operate a product to which the AD applies except in accordance with the requirements of that AD.

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

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

1)      Parts 121 and 125 operators. AIR uses facsimiles for the official notification of the transport category emergency ADs to part 121 and 125 operators. AIR mails paper copies of ADs to all applicable registered owners (part 135 and others).
2)      All other operators. Due to a large number of owners/operators (parts 91, 129, 135, etc.), AIR uses the FAA Aircraft Registry address database and the United States Postal Service for official notification of emergency ADs. AIR uses the information in template A447 to verify those addresses.
3)      AIR no longer uses Société International de Télécommunications Aéronautiques (SITA), ARINC, or TELEX codes for electronic notification. AIR does not use email for official emergency AD notification or receipt acknowledgement.

E.     Confirmation of AD Receipt. Upon receipt of an emergency AD, the certificate holder will immediately confirm receipt of the AD by signing the fax cover page and faxing it to AIR‑140 at (405) 954‑4104. This ensures the FAA that all operators affected by an emergency AD have been notified in time to comply with its requirements and avoid any undue safety risks.

F.      Listing of Historical ADs. ADs from the 1940s to the present are now available in electronic format for full text searching on the FAA Web site at www.airweb.faa.gov/rgl. You can also find ADs from the FAA home page (www.faa.gov) by clicking on Airworthiness Directives. Direct questions to any of the following:

Automated Systems Branch (AFS‑520) (202) 267‑3522
Airworthiness Programs Branch (AFS‑610) (405) 954‑6896
AIR‑520 (202) 267‑3682

OPSPEC/MSPEC A449, ANTIDRUG AND ALCOHOL MISUSE PREVENTION PROGRAM. OpSpec/MSpec A449 is applicable for 14 CFR parts 121, 121/135, and 135 certificate holders; 14 CFR part 91 subpart K (part 91K) (fractional owners) program managers; and 14 CFR part 145 repair station certificate holders. Inspectors must use LOA A049 for part 91K operators conducting sightseeing operations under part 91, § 91.147.

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

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

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

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

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

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

A.     Indicates new/changed informationApplicability. The following must comply with the Antidrug and Alcohol Misuse Prevention Program regulations in accordance with part 120, and must have OpSpec/MSpec A449 issued by AFS:

·        All parts 121 and 135 certificate holders; and

·        All part 91K program managers must have an Antidrug and Alcohol Misuse Prevention Program. MSpec A449 must be issued indicating where those records are kept.

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

·        Indicates new/changed informationExisting parts 121 and 135 certificate holders must provide the information to their POIs that is required by part 120 for the issuance of OpSpec A449;

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

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

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

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

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

C.     Air Tour Operators Under Part 91K. Part 121 or 135 certificate holders that conduct commercial air tour operations under § 91.147 must be issued a separate LOA from the part 91 database and issued a separate four‑character identifier. Certificate holders must implement a second drug and alcohol testing program to conduct operations under § 91.147. Even though the same company may be conducting operations under part 121 or 135 and air tour operations under § 91.147, the FAA’s regulations consider the two operations to be separate entities for drug and alcohol purposes. Exemptions to this rule are outlined in § 91.146.

D.    Restriction. No applicable certificate holder or operator shall use a contractor’s employee to perform safety‑sensitive functions who is not subject to its own or a certificate holder’s or operator’s Antidrug and Alcohol Misuse Prevention Program. All new applicable certificate holders and operators must ensure that their contract employees who perform safety‑sensitive functions are subject to an Antidrug and Alcohol Misuse Prevention Program.

E.     Indicates new/changed informationIndicates new/changed informationResponsibilities. All oversight of the Antidrug and Alcohol Misuse Prevention guidance, inspections, and enforcement activity will be conducted exclusively by AAM‑800. Any and all enforcement actions to be taken for violations of part 120 and other sections of 14 CFR related to drug and alcohol testing by the aviation industry is the sole responsibility of AAM-800. Any indication of possible regulatory violations of these provisions must be referred to AAM-800. All questions regarding the Antidrug and Alcohol Misuse Prevention Program must be directed to AAM-800.

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

OPSPEC A501, LIABILITY INSURANCE SUSPENSION FOR SEASONAL OPERATIONS.

A.     Liability Insurance Does Not Apply to Certificate Holders With Operating Certificates. Liability insurance coverage and the associated Department of Transportation (DOT) forms (Office of the Secretary of Transportation (OST) Form 6410, U.S. Air Carrier Certificate of Insurance) are an inclusive part of the economic authority required for parts 121 and 135 air carrier certificate holders. This is not applicable to those with operating certificates. 14 CFR part 205, § 205.4(b) states, in part, that “Aircraft shall not be listed in the carrier’s operations specifications with the FAA and shall not be operated unless liability insurance coverage is in force.”

B.     Suspending Liability Insurance for Seasonal Operations. Title 14 CFR part 119, § 119.61(b)(4) provides for the issuance of OpSpec A501, Liability Insurance Suspension for Seasonal Operations, which effectively suspends the air carrier certificate holder’s OpSpecs and requirement for liability insurance for the period of time established in Table 1 of OpSpec A051. The operator cannot use the aircraft during that period of time to conduct operations in air transportation. The POI and the PMI must coordinate this effort.

C.     Circumstances Under Which to Issue OpSpec A501. OpSpec A501 may be issued in order to comply with the requirements of § 119.61, § 205.4(b) and, if the air carrier certificate holder:

·        Does not want to surrender its certificate during nonoperational periods,

·        Requests the issuance of OpSpec A501 in writing, specifying the date it chooses to cease operations and the date it will resume operations,

·        Wants to cancel the liability insurance on all of its aircraft for a period of 60 days or more during the specific period of non‑use, and

·        Completely ceases operations for a period of 60 days or more during the specific period of non‑use.

D.    No Status Change to VIS or OPSS. The status of the air carrier certificate holder’s certificate remains active even though the OpSpecs are in the “suspension” status. Make no status changes to the Enhanced Vital Information Database (eVID) or the OPSS.

E.     Opting to Not Carry Liability Insurance. If the air carrier certificate holder does not want to cease all operations but wants only to reduce the number of aircraft operated for a period of time and not carry the liability insurance for those aircraft, it has two options:

1)      Remove those aircraft completely from its OpSpecs, or
2)      Place those aircraft into long term maintenance or long term storage and issue OpSpec D106, Aircraft in Long Term Maintenance or Storage (reference Volume 3, Chapter 18, Section 6, Parts D and E—Maintenance MSpecs/OpSpecs.

F.      Notification of Suspension of Insurance. The air carrier certificate holder or its insurance company will send notification of the suspension of liability insurance to the appropriate FAA or DOT office as required by part 205, § 205.7(a). (The FAA will record the notification and the red alert clause, “Insurance in a Non‑Compliant State,” will appear at the top of the “Maintain Operations Specifications” window in the OPSS for that certificate holder.) (Use the “Review Insurance Info” selection in the OPSS to view the details of the noncompliance.)

G.    Separate Uses for OpSpecs A501 and D106. At no time will OpSpecs A501 and D106 be active at the same time. These paragraphs are developed as separate provisions for specific needs. (See Volume 3, Chapter 18, Section 6 for guidance on OpSpec D106.)

H.    Start Up Procedures and Rescinding OpSpec A501.

1)      Before the “Re‑Start of Operation” date listed in Table 1 of OpSpec A501, the air carrier must reinstate the required liability insurance. OST Form 6410 must be filed with the appropriate FAA or OST office at least 5 days prior to the “Re‑Start of Operation” date listed in Table 1 of the OpSpec.
2)      PIs should verify with AFS‑260 (for air taxi operators), AAL‑230 (for Alaskan air carriers), and OST‑X‑56 (for DOT certificated and commuter carriers) that the air carrier has filed evidence of liability insurance coverage as required by 14 CFR part 205 and that it otherwise continues to hold the necessary economic authority to resume operations.
3)      See Volume 6, Chapter 2, Section 38, Evaluate a Part 121/135.411(a)(2) Operator Aircraft Storage Program, paragraph 6‑1048, OpSpec D106, Aircraft in Long Term Maintenance or Storage for additional guidance in regard to liability insurance.
4)      OpSpec A501 must be rescinded and archived in the OPSS. Again, make no changes to the VIS or the OPSS for the certificate status. When the required liability insurance documentation is received by AFS‑260, the red alert clause will be removed for that certificate holder. See Volume 3, Chapter 18, Section 2, Automated Operations Safety System (OPSS), paragraph 3‑718, OPSS Liability Insurance Subsystem, for information regarding the alert clause.
5)      The principal inspector must review the recency requirements of § 119.63 for the air carrier certificate holder and reexamine as necessary prior to the start of the seasonal operations.

OPSPEC A502, AIR CARRIER MERGER AND/OR ACQUISITION.

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

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

1)      General. Principal inspectors (PI) of either specialty may use the General field to identify conditions that do not belong specifically to operations or airworthiness. Examples include station personnel training, flight numbering, and administrative department functions (such as reservations and sales).
2)      Operations. The Operations field is provided to identify specific operational conditions. There are three areas that should be addressed in the Operations field. They are Operational Control, Training and Qualification, and Other.
a)      Operational Control. Operational control fields identify which air carrier will assume operational control responsibility over the combined operation and the date that transfer is planned to take place. If the change over is to be phased in over a period of time, such as by fleet, enter appropriate milestones here. Milestones listed in this field must correlate with the same milestones in the transition plan.
b)      Training and Qualification. Training and qualification fields identify planned dates crewmember training and qualification will be completed. If two or more fleets will be phased in over different time periods, enter the fleet types and their associated training and qualification date milestones in the free text fields provided. Include training plans for dispatchers and flight followers here, as well. Milestones listed in this field must correlate with the same milestones in the transition plan.
c)      Other. This field is provided for other operations milestones not addressed in Operational Control or Training and Qualification. Examples include manual revisions, computer system support, and record keeping.
3)      Airworthiness. The Airworthiness field is provided to identify specific conditions that apply to airworthiness. List maintenance program manual milestones in this field. Identify training and qualification of mechanics and inspectors here, as well. Major milestones outlining the transition of maintenance responsibilities and record keeping are appropriate for this field.

OPSPEC A570, ONE YEAR EXTENSION OF COMPLIANCE TIMES IN SECTIONS 121.1117(E) AND 129.117.

A.     Applicability.

1)      Except as provided in paragraph C below, OpSpec A570 can only be issued to part 121 certificate holders or part 129 foreign air carriers/foreign persons with U.S.‑registered airplanes who notified their PI or CHDO of their intention to use the relief specified in §§ 121.1117(k) or 129.117(k) before March 29, 2009 and who then applied for OpSpec A570 before June 24, 2009. OpSpec A570 is time‑limited and will expire on December 26, 2018.
2)      OpSpec A570 applies to transport category turbine‑powered airplanes with a TC issued after January 1, 1958, that, as a result of original type certification or later increase in capacity have a maximum TC’d passenger capacity of 30 or more, or a maximum payload capacity of 7,500 pounds or more. This authorization does not apply to the airplanes listed in §§ 121.1117(m) and 129.117(k). Specifically, it applies to the airplanes listed in Table 3‑23A.

Table 3‑23A.     Airplanes Which Require Ground Air Conditioning Systems

Boeing

Airbus

737 series

A318, A319, A320, A321 series

747 series

A300, A310 series

757 series

A330, A340 series

767 series

 

777 series

 

3)      OpSpec A570 is used to extend the compliance dates in §§ 121.1117(e) and 129.117(e) by one year. In order to be eligible for the extension, a certificate holder or foreign air carrier/ person must have notified their PI or CHDO before March 29, 2009, of its intention to use ground air conditioning systems on its applicable airplanes in accordance with §§ 121.1117(k)(2) and (3) and 129.117(k)(2) and (3), and the certificate holder or foreign air carrier/person must have applied for OpSpec A570 by June 24, 2009. With the issuance of this OpSpec, the compliance date specified in §§ 121.1117(e)(1) and 129.117(e)(1) is extended to December 26, 2015 and the final compliance date is extended to December 26, 2018.

B.     Issuing OpSpec A570. OpSpec A570 is the joint responsibility of the POI and the PMI. Before issuing OpSpec A570. The office manager of all affected CHDOs, CMOs, IFOs, and IFUs should bring this guidance to the attention of the principal inspectors of any operator who has applied for this OpSpec and ensure that it is properly issued.

1)      The PMI must ensure that the certificate holder’s manual required by § 121.133 (for part 121) or maintenance program (for part 129) includes a listing, by N‑registration number and fleet type, of those airplanes in the certificate holder’s fleet that ground conditioned air systems applies to. That listing should be identical to the operator’s Flammability Reduction Means (FRM)/Ignition Mitigation Means (IMM) retrofit listing that is provided to the CHDO. As airplanes are retrofitted they should be removed from the list.
2)      The POI must ensure that the certificate holder’s manual required by § 121.133 (for part 121) or equivalent manual for part 129 includes a requirement for the airplanes in this listing to use ground air conditioning systems for actual gate times of more than 30 minutes, when available at the gate and operational, whenever the ambient temperature exceeds 60 degrees Fahrenheit.
3)      The office manager will determine which principal inspector will sign OpSpec A570 and ensure that it is issued.

C.     Certificate Holders Certificated After December 26, 2008. A certificate holder or foreign air carrier/person for which an operating certificate is issued after December 26, 2008, and that has notified their PI or CHDO of its intention to use ground air conditioning systems on its applicable airplanes (see Table 3‑23A above), the compliance date specified in § 121.1117(e) may be extended by one year, provided that the certificate holder meets the requirements of §§ 121.1117(k)(2) or 129.117(k)(2) when its initial OpSpecs are issued and, thereafter, uses ground air conditioning systems as described in § 129.117(k)(2) on each airplane subject to the extension. OpSpec A570 must be approved by the PMI, using the guidance above, concurrent with the initial OpSpecs.

TEMPLATE A999, AIR OPERATOR CERTIFICATE (AOC) IN THE INTERNATIONAL CIVIL AVIATION ORGANIZATION (ICAO) FORMAT.

A.     Annex 6 Requirements. Annex 6 to the Chicago Convention requires air operators to carry onboard their aircraft a standardized, certified true copy of their AOCs when operating internationally. See the following ICAO Web site for more information: http://www.icao.int/fsix/_Library/Annex%206‑Part%20I%20‑%20AOC%20Template%20en.pdf. Template A999 is applicable to part 121 and 135 air carriers.

B.     Federal Aviation Administration (FAA) Role. To enable certificate holders to fulfill this ICAO requirement, the FAA made an ICAO standardized AOC available as Template A999 in the Web‑based Operations Safety System (WebOPSS). (See Figure 2‑9A in Volume 2, Chapter 1, Section 4 for a sample of Template A999.) Much of the data contained in the AOC will be preloaded from WebOPSS. The principal operations inspector (POI) or the certificate holder must enter some of the data. This standardized ICAO AOC is in addition to the FAA Operating Certificate or Air Carrier Certificate. For compliance with Annex 6, certificate holders must carry this ICAO AOC onboard their aircraft when operating internationally.

C.     Specific Guidance for Issuing Template A999. For specific guidance on issuing Template A999, see Volume 2, Chapter 1, Section 4, Preparation of Federal Aviation Administration Operating Certificates, paragraph 2‑74.

RESERVED. Paragraphs 3‑738 through 3‑751.


6/5/12                                                                                                                       8900.1 CHG 192

Volume 3 General Technical Administration

chapter 18 Operations Specifications

Section 3  Part A Operations Specifications—General

3-736           DISCUSSION. This section and sections 4, 5, and 6 of Volume 3, Chapter 18 discuss each standard template available for issuance by the automated Operations Safety System (OPSS), also known as the Web‑based automated Operations Safety System (WebOPSS). These templates are more commonly referred to as “paragraphs.” The standard paragraphs discussed in this order are limited to operations in accordance with Title 14 of the Code of Federal Regulations (14 CFR) parts 91, 91 subpart K (91K), 121, 125 (including Letter of Deviation Authority (LODA) 125 subpart M (125M)), 135, and 145.

A.     Definition of OpSpecs. The standard paragraphs for parts 121, 125, 135, and 145 are called operations specifications (OpSpecs).

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

C.     Definition of LOAs. The standard paragraph for part 91 and 125M are called letters of authorization (LOA).

D.    Other Source Documents. References are provided to other sections of this handbook, to advisory circulars, or other applicable documents that discuss detailed requirements for certain standard paragraphs.

E.     Ensure Complete Review. Before issuing a standard paragraph, any specific requirements specified by this order or the referenced material (relative to the paragraph being issued) must be met. Before reading the following sections for the first time, review the applicable paragraphs available in the OPSS for the specific regulation.

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

Note:       All 300‑series (300–399) OpSpecs/MSpecs/training specifications (TSpec)/LOAs (Parts A, B, C, D, E, and H) require approval by the appropriate headquarters (HQ) policy division. Title 14 CFR part 91K, 125, 125M, 133, 137, and 141 operators’ nonstandard operational requests must be approved by the General Aviation and Commercial Division (AFS‑800); parts 121, 135, and 142 nonstandard operational requests must be approved for issuance by the Air Transportation Division (AFS‑200); part 145 repair station and all airworthiness nonstandard requests must be approved by the Aircraft Maintenance Division (AFS‑300); and All Weather Operations (AWO) relating to instrument procedures must be approved by the Flight Technologies and Procedures Division (AFS‑400). Any additional provisions and/or authority added to an OpSpec/MSpec/TSpec paragraph or LOA through the use of nonstandard text entered in the nonstandard text block (sometimes referred to as “Text 99”) must also be approved by the appropriate HQ policy division. For detailed guidance on the process for obtaining HQ approval for nonstandard authorizations, principal inspectors (PI) must read the guidance contained in Volume 3, Chapter 18, Section 2.

3-737           PART A OPERATIONS AND MANAGEMENT SPECIFICATIONS PARAGRAPHS.

OPSPEC/MSPEC A001, ISSUANCE AND APPLICABILITY.

A.     General. A001 identifies the OpSpec/MSpec holder. The name must be the legal name of the operator. A001 also specifies the kinds of operations authorized, the applicable regulatory sections under which the operations are to be conducted, and any other business names under which the operations are being conducted. See the new OPSS user’s manual for additional guidance to issue A001. Figure 3‑4 is a summary of the information required in OpSpec/MSpec A001.

Table 3‑4.         Summary of Information Required in OpSpec/MSpec A001

Type of Certificate

Any of the following may apply:

Type of Carriage:

Regulation Reference:

Economic Authority

Text to be inserted:

Air Carrier

Domestic

Common

119.21(a)(1)

(Part 121)

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

Air Carrier

Flag

Common

119.21(a)(2)

(Part 121)

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

Air Carrier

Supplemental Passenger

(more than 60 pax and/or >18,000# payload)

Common

119.21(a)(3)(i)

(Part 121)

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

Air Carrier

Supplemental All Cargo

Common

119.21(a)(3) (ii)

(Part 121)

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

Air Carrier

Commuter

(5+ trips/week)

Common

119.21(a)(4)

(Part 135)

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

Air Carrier

On Demand

(less than 5 round trips/week)

Common

119.21(a)(5)

(Part 135)

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

Operating

Flight

(Part 125)

Private

Non Common

119.23(a)

(Part 125)

and provided the certificate holder does not conduct any operation which results directly or indirectly from the certificate holder or any other person holding out to the public to provide for the carriage of person or property.

Operating

On Demand

(non scheduled)

Private

__________

Non Common

119.23(b)

(Part 135)

Ltd. to holding out to public

________

# of Con tracts

(Definitions)

119.23(b)(3)

and provided the certificate holder does not conduct any operation which results directly or indirectly from the certificate holder or any other person holding out to the public to provide for the carriage of person or property.

Air Carrier

Commuter

Rotorcraft

Common

119.25(a)

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

Air Carrier

On Demand

Rotorcraft

Common

119.25(b)

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

None

Fractional

Non Common

Part 91K

None.

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

1)      The operator shows that the DBA is listed on a DOT registration (proof of insurance);
2)      The operator shows that the DBA is listed on a DOT certificate of public convenience and necessity;
3)      The operator shows that the DBA is authorized by a DOT order or other DOT document;
4)      When the operator claims the DBA is on file with the DOT, verification must be made by contacting the DOT Office of Aviation Analysis, Air Carrier Fitness Division, (202) 366‑9721; or
5)      When an “operating certificate” is involved, the operator shows that the DBA is authorized and registered by an appropriate state authority.
6)      DBAs can apply to 14 CFR part 91 subpart K, but they do not have economic authority requirements.

C.     Part 145. For part 145 repair stations, A001 lists the:

·        Location,

·        Mailing address (if different from the fixed location),

·        Other DBAs (see subparagraph B above) if authorized, and

·        Any delegated authorities.

OPSPEC/MSPEC A002, DEFINITIONS AND ABBREVIATIONS. A002 includes definitions of words or phrases used in other paragraphs. These definitions are not found in the regulations and should enhance understandings between the FAA and the aviation industry. Washington headquarters developed definitions must not be changed by regional or district offices. Washington headquarters will add definitions when it becomes apparent that they are needed. Addition of a definition by a certificate‑holding district office (CHDO) makes the whole paragraph nonstandard and must be processed as a nonstandard OpSpec/MSpec request.

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

A.     M/M/S: Parts 91K, 121, 125, and 135. Select the authorized M/M/S using the aircraft listing provided in the OPSS. If the appropriate M/M/S cannot be found in the OPSS, inspectors should immediately notify the OPSS help desk so that the airplane listing can be updated.

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

1)      Selections available for part 121:

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

·        Section 119.21(a)(2)—Flag (F),

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

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

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

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

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

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

3)      Selections available for part 135:

·        Section 119.21(a)(4)—Commuter,

·        Section 119.21(a)(5)—On‑Demand,

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

·        Section 119.25(a)—Rotorcraft Commuter, and

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

C.     Passenger Seating Terminology for Parts 121 and 125.

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

Note:       For part 135 OPSS data entry, “certificated seats” refers to the maximum seating capacity stated in the aircraft TCDS, which includes pilot seats. “Installed seats” are passenger seats actually installed in the individual aircraft. Office of the Secretary of Transportation (OST) Form 4507, Air Taxi Operator Registration and Amendments under Part 298 of the Regulations of the Department of Transportation, requires the applicant to list the passenger seats installed for the aircraft make and model. This does not include seats occupied by the pilot or co‑pilot, unless the latter is available for passenger use. OPSS data feeds the 14 CFR part 298 insurance registration and coverage module from “Maintain Operator Data—Aircraft” for certificated seats only.

6)      All‑cargo operations allow only passengers as defined in § 121.583(a) and part 135, § 135.85. For all‑cargo operations, the number “0” shall be entered into the columns labeled “Certificated Seats,” and “Demonstrated Seats.”
7)      In passenger/cargo operations, the passenger seating guidance in subparagraphs 3‑737C1) through 4) apply.

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

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

F.      Class of Operation. Enter the appropriate class of operation for each airplane listed. Enter only one class of operation for each airplane. The classes of operations are: Single‑Engine Land (SEL), Single‑Engine Sea (SES), Multiengine Land (MEL), Multiengine Sea (MES), and helicopter (HEL).

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

OPSPEC/MSPEC A004, SUMMARY OF SPECIAL AUTHORIZATIONS AND LIMITATIONS.

A.     Purpose. This paragraph summarizes optional authorizations applicable to a particular operator.

B.     Part 145. For part 145 repair stations, this paragraph summarizes special (optional) authorizations and/or limitations applicable to the certificate holder. The OPSS application extracts the specific paragraphs that authorize a specific activity; it provides a summary of the authorized activity and reference number of the specific paragraph.

OPSPEC/MSPEC A005, EXEMPTIONS AND DEVIATIONS. In order for an operator to conduct operations under the provisions of any exemption or deviation, the exemption or deviation must be listed in A005.

A.     Exemptions. The current exemption number and expiration date must be selected for insertion into A005. List the exemption numbers in numerical order. Enter a brief description of the exemption or, if appropriate, the exempted regulations in the space labeled Remarks and/or References (adjacent to each exemption). If certain conditions or limitations related to the exemption are specified in another paragraph of the OpSpec, the reference number of the other paragraph must also be entered in this space. For example, if a single high frequency (HF) radio is permitted by exemption in certain areas of en route operation, insert a reference to OpSpec B050 ( see paragraph B050). In this example, the appropriate areas of en route operation in B050 should contain a note authorizing the provisions of that exemption for those areas.

B.     Deviations. Enter the applicable 14 CFR sections to which a deviation has been granted in A005b. Select the applicable deviations by 14 CFR section. In the space labeled Remarks and/or References (adjacent to each deviation), briefly describe the provisions of the deviation. For example, if an operator is granted a deviation to permit the same person to serve as director of operations and director of maintenance, list the applicable 14 CFR. In the Remarks and/or Reference space, enter information specific to that operator or NA for “not applicable”. Table 3‑5 explains the standard OpSpecs paragraphs that must be referenced and issued when granting deviations in each subject area (others may also be applicable).

Note:       There are no deviations for part 145 repair stations.

Table 3‑5.         Standard OpSpecs Paragraphs to Reference When Granting Deviations

SUBJECT

PARAGRAPH NUMBER

APPROPRIATE REGULATION

Management

A006

Various, depends on operating regulation, management position, and qualifications

Extended‑Overwater Operations without liferafts

A013

Sections 121.339(a)(2), (3), and (4)

Basic Part 135 Operator

On‑Demand Operations Only

A038

Sections 119.69(b), 135.21(a), and 135.341(a)

Basic Part 135 Operator

Commuter and On‑Demand

A037

Sections 119.69(b), 135.21(a), and 135.341(a)

Part 135 Single Pilot‑in‑Command Operator

A039

Sections 119.69(b), 135.21(a), and 135.341(a)

Extended‑Range Operations with Two‑Engine Airplanes

B042

Sections 121.161(a)

Special Fuel Reserves in International (Flag) Operations

B043

Sections 121.645(b)(2)

OPSPEC A006, MANAGEMENT PERSONNEL.

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

1)      For deviations that permit less than the required management positions, leave the positions that are not filled blank. Enter “NA” for “not applicable” for single‑pilot operators and single pilot in command (PIC) operators.
2)      For deviations that permit the same person to fill two or more positions, enter the name and title of that person in the appropriate positions.
3)      For deviations that permit a person to hold a management position when that person does not meet the regulatory qualification requirements, enter the name and title of that person in the appropriate position.
4)      In all cases list the appropriate regulatory section in OpSpec A005(b) of the OpSpecs.

B.     Required Information. The OPSS must be accurate and contain at least the information required for OpSpecs in order for them to be correct. Additional text may be added to A006 without making it nonstandard, provided the extra paragraph is used to identify additional management positions (such as more than one chief pilot), or to specify conditions of a deviation. If the extra paragraph provides for anything other than the preceding, it must be processed in accordance with Volume 3, Chapter 2, Section 1, paragraph 3‑37B.

C.     Required Management and Technical Personnel Positions.

1)      Title 14 CFR part 119, § 119.65 requires management and technical personnel positions for certificate holders operating under 14 CFR part 121 (i.e., Director of Safety (DOS), Director of Operations (DO), chief pilot, Director of Maintenance (DOM), chief inspector).
2)      Section 119.69 requires management and technical personnel positions for certificate holders operating under 14 CFR part 135 (i.e., DO, chief pilot, DOM).
3)      Sections 119.67 and 119.71 specify the airman and experience qualifications for personnel serving in these positions for parts 121 and 135, respectively.
4)      Sections 119.67(e) and 119.71(f) specify airman, managerial, and supervisory experience deviation authority.
5)      The regulations are intended to ensure that persons holding these required management and technical positions have the measure of experience as well as the demonstrated capability needed to effectively manage these types of programs. In addition, persons exercising control over the maintenance and operations programs must have that level of qualification and experience that will allow these persons to carry out their duties and responsibilities with the degree of expertise consistent with the certificate holder’s responsibility to operate with the highest possible degree of safety.
6)      The deviation request element of the regulations is intended to provide the certificate holder a measure of flexibility in order to allow employment of persons who may not possess the exact type or level of experience outlined in the regulations but who have other experience that is found to be comparable. Further, the deviation request procedure is not intended to accommodate individuals who do not possess the length of experience required by the regulations.

D.    Management Deviation Request. When a certificate holder requests a management experience deviation, or management positions or numbers of positions other than the requirements of §§ 119.65 through 119.71, it must make such requests through its certificate‑holding district office (CHDO). The request must adhere to the following processes and procedures and contain a minimum of the information shown in subparagraph D1) below for evaluation:

1)      Management Deviation Request Contents.
a)      Full certificate name including doing business as (DBA) of the requesting entity (e.g., ABC Airlines, Inc. DBA XYZ Air);
b)      Complete address and certificate number of certificate holder;
c)      Full name and airman certificate number of the management applicant;
d)      Number of aircraft by category, class, and type;
e)      Number of employees/pilots/other crewmembers;
f)        Areas and kinds of operations (e.g., Continental United States (CONUS), domestic) authorized;
g)      Statement of operations authorized (e.g., single PIC, basic part 135 on‑demand only, part 121);
h)      Any other management deviations held by the certificate holder;
i)        Statement of why the certificate holder requires a management deviation, management position(s) involved, and what comparable experience the individual has that would justify the management deviation; and
j)        A resume for the individual that specifically outlines their work experiences and duration of each work experience to include, if appropriate, PIC, certified mechanic, and/or management experience for the kind of operations conducted.