Discussion Paper
on
EASA NPA 2009–02
Implementing Rules
for Air Operations of
Community Operators
at
http://www.easa.eu.int/ws_prod/r/r_npa.php
Table of Contents
1. Background 3
2. Structure of the NPA 3
3. Structure of the Implementing Rules 4
3.1 Basic Structure 4
3.2 Performance Based Rules 5
3.3 Part-OPS 6
3.4 Part-OR, Subpart OPS 7
3.5 Part-AR 7
3.6 Part-CC 8
4. Imperatives from the Basic Regulations 8
5. Significant Issues 9
5.1 Fractional Ownership Operations 9
5.2 SMS Requirements 9
5.2 IS-BAO Recognition 9
5.4 Flight and Duty Time Limitations 9
5.5 Pilot Licensing Requirements 9
5.6 Cabin Crew Requirements 9
6. Conclusion 10
Appendix A – Articles 4 & 8 and Annex IV of Regulation (EC) No 216/2008 11
Article 8 11
Annex IV 13
Appendix B – OPS.001 Rulemaking Group 19
Feb 12, 2009
EASA NPA 2009-02 Implementing Rules for Air Operations OF COMMUNITY Operators
1. Background
Notice of Proposed Amendment (NPA) 2009–02 contains the proposed Implementing Rules (IRs) for Air Operations conducted by Community Operators. It was issued on January 30, 2009 and is posted on the EASA web site at http://www.easa.eu.int/ws_prod/r/r_npa.php. Comments on the NPA close on May 30, 2009. The scope of the IRs contained in NPA –02a, 02b, 02c, 02d, 02e and 02f is specified in Articles 4 & 8 and Annex IV of Regulation (EC) No 216/2008 which is referred to as the Basic Regulation http://www.easa.europa.eu/ws_prod/g/rg_regulations.php. Articles 4 & 8 and Annex IV are contained in Appendix A of this document.
The IRs were developed by EASA with the involvement of the OPS.001 Rulemaking Group and the Operations Subgroup of MDM 32 during a period that commenced in August 2006. The OPS-001 Rulemaking Group Terms of Reference and a list of members are attached as Appendix B. While the IRs must meet the requirements specified in the Basic Regulation, it was also noted in the Rulemaking Group Terms of Reference that they should encompass requirements and related acceptable means of compliance/guidance material for:
· commercial air transport, based on existing EU-OPS/JAR-OPS 1 and 3 requirements;
· aerial work using as appropriate the draft of JAR-OPS 4;
· non-commercial operations with complex motor-powered aircraft using as appropriate the draft of JAR-OPS 2;
· non-commercial operations with non-complex motor-powered aircraft using as appropriate the input from task MDM.032;
· flight time limitations, based on EU-OPS;
· training and medical fitness of cabin crew, based on JAR-OPS 1/EU-OPS;
· competent authorities based on appropriate JAA JIP’s (JAR Implantation Procedures) and harmonised with similar provisions included in other implementing rules.
It was also a given requirement that the proposed IR should meet the standards and recommended practices specified in ICAO Annex 6. Ray Rohr, IBAC, Director, Regulatory Affairs was the EBAA nominee on the Rulemaking Group.
The rule development process also involved sub-groups that were established for:
· Commercial Air Transport,
· Aerial Work,
· Non-commercial Operations With Complex Motor-powered Aircraft, and
· Authority Requirements and SMS.
Ray Rohr chaired the Non-commercial Operations With Complex Motor-powered Aircraft sub-group, Cliff Edwards was the EBAA nominee on the Authority Requirements and SMS sub-group and Peter Gatz on the Commercial Air Transport sub-group.
2. Structure of the NPA
The NPA has been issued in six parts.
2009-02a Explanatory Notes and Appendices which discusses the development process and the imperatives that come from the Basic Regulation and other related legislation and decisions and the structure and content of the NPA. The content of this explanatory material is as follows:
Content of the Draft Opinions and Decisions
Background – pages 5 – 10,
Structure of the NPA & IRs - pages 10 – 17,
Content of the NPA – pages 17 - 23,
Differences with ICAO – pages 23 – 24
Transition Measures – page 25
Regulatory Impact Assessment – page 26 (will be published mid Feb. 2009 as NPA 2009-02g with the NPA for Third Country Operators)
Appendices
Appendix I – Explanatory memorandum to Part–OPS – pages 26 – 43, plus Attachments A - D,
Appendix II – Explanatory memorandum on Part–OR (organisation requirements), Subpart OPS – pages 44 – 55,
Appendix III – Explanatory memorandum to Part–AR (authority requirements) to Subpart OPS – pages 56 – 58,
Appendix IV – Explanatory memorandum relating to cabin: Part-CC, Part-MED (Subpart E), PART-OR (Subpart OPS – Section VI) and Part AR (Subpart AR.CC) – pages 59 – 65.
2009-02b Draft Opinion and Decision Part –OPS which contains all of the IRs, Acceptable Means of Compliance (AMCs), and Guidance Material (GM) applicable to air operations conducted by European Community operators. An operator is defined in the Basic Regulation as “any legal or natural person, operating or proposing to operate, one or more aircraft”. Commercial and non-commercial operations and operations requiring specific approvals are addressed in this part of the NPA.
2009-02c Draft Opinion and Decision Part-OR, Subpart OPS which contains all of the IRs, Certification Specifications (CSs), AMCs and GM related to organisational requirements of persons or organisations involved in the operation of complex motor-powered aircraft and those involved in commercial operations. This part of the NPA addresses the requirements for:
· operator management systems;
· manuals, logs and records;
· air operator certification;
· operator declarations;
· flight, cabin and technical crew members;
· flight and duty time, and
· security.
2009-02d Draft Opinion and Decision Part-AR which contains the IRs, CSs, AMCs and GM for competent authorities (National Authorities or in some cases EASA) related to OPS rules. This part of the NPA addresses the authority processes for issues such as:
· ramp inspections,
· approval of cabin crew training and issue of attestations,
· certification of air operators,
· processing of operator declarations,
· issue of specific approvals, and
· related regulatory oversight.
2009-02e Draft Opinion and Decision Part-CC - which contains the IRs, CSs, AMCs and GM related to cabin crew.
2009-02f Cross Reference Tables - which contains cross reference tables between EU OPS/JAR OPS requirements and the draft EASA provisions.
3. Structure of the Implementing Rules
3.1 Basic Structure
As the EASA OPS and other rules address a much broader range of issues than the JARs did and in order to avoid the duplication such as that which existed between JAR OPS 1 and JAR OPS 3, it was necessary to develop a new structure for EASA IRs. The following diagram which can be found on page 12 of 2009-02a Explanatory Notes and Appendices provides a graphic depiction of the EASA rule structure. Parts and Subparts that are included in NPA 209-02 are highlighted in grey.
Figure 1 - Structure of EASA Requirements
3.2 Performance Based Rules
The IRs contained in the OPS NPA are by and large performance based rules. They specify “what” has to be achieved and leave the “how” to AMCs and GM. This approach is designed to provide a high degree to flexibility to regulated parties as to how they achieve the safety objective and related imperatives of the IRs. To fully appreciate the intent it is important to understand the following:
Acceptable Means of Compliance (AMC) illustrate a means, but not the only means, by which a requirement contained in an EASA airworthiness code or an implementing rule of the Basic Regulation, can be met. An applicant correctly implementing an AMC issued by EASA is assured of acceptance of compliance. As such, published acceptable means of compliance are not the only means to show compliance, the applicant may decide to show compliance by other means. When so doing the applicant does not need to justify why an alternative is used, but the burden of proof that the requirement is met relies entirely with the applicant. For more information on AMCs and the flexibility that the process provides to operators to demonstrate compliance see http://www.easa.europa.eu/ws_prod/r/r_faq_the5.php
Legally there is no difference between a Certification Specification (CS) and an AMC. The Term CS is generally used in aircraft certification and has been used in the OPS NPA to denote what is essentially an AMC but it may contain more technical detail and be drafted more precisely.
As noted in the Authority Requirements when a National Authority reviews and accepts an alternative means of compliance they then submit it to EASA for review. If EASA finds that it meets the requirements of the regulation they then will publish it on their web site and all regulated parties then can use that AMC. This is designed to ensure that National Authorities all apply the rules in a similar manner and operators have a level playing field.
3.3 Part-OPS
Part OPS is the largest part of the NPA. It consists of 465 pages of material and includes the IRs, AMCs and GM for the following subparts:
Subpart OPS.GEN – General Operating and Flight Rules
Subpart OPS.CAT – Commercial Air Transport
Subpart OPS.COM – Commercial Operations other than Commercial Air Transport
Subpart OPS-SPA – Operations Requiring Specific Approvals
The General Operating and Flight Rules subpart (pages 22 - 58) contain the IRs that apply to all operations. There are six sections which include:
Section I – General requirements (pages 22 – 29),
Section II - Operating procedures (pages 31 – 38),
Section III - Aircraft performance and operating limitations (pages 39 – 40),
Section IV – Instruments, data and equipment (pages 41 – 54),
Section V – Manuals, logs and records (pages 56 – 57), and
Section VI - Security (page 58)
The AMCs and GM related to the General Operating and Flight Rules Subpart are presented on pages 103 – 258.
While the vast majority of the provisions apply to all operations, there are some exceptions where the rules or AMCs, pertain only to the operation of complex motor-powered aircraft.
The IRs for Commercial Air Transport are on pages 59 – 83. They address the requirements for CAT conducted by all categories of aircraft – aeroplanes, helicopters, airships and balloons. The CAT IRs are divided into four sections as follows:
Section I – General Requirements (page 59),
Section II – Operational Procedures (pages 60 – 67),
Section III – Aircraft performance and operating limitations (pages 68 – 71),
Section IV – Instruments, data and equipment (pages 72 – 83).
The AMCs and GM related to CAT are presented on pages 259 – 358.
The IRs for Commercial operations other than CAT (COM) are on pages 84 – 87. They are divided into four sections as follows:
Section I – General Requirements (page 84),
Section II – Operational Procedures (page 85),
Section III – Aircraft performance and operating limitations (page 86),
Section IV – Instruments, data and equipment (page 87).
The AMCs and GM related to COM are presented on pages 359 - 374.
The IRs for Operations requiring specific approval are on pages 88 – 102. They present the requirements for the specific approvals that may be obtained by commercial or non-commercial operators. The IRs are divided into nine sections as follows:
Section I – General Requirements (pages 88 & 89),
Section II – Operations in areas with specified navigation performance (page 90),
Section III – Operations in airspace with reduced vertical separation minima (page 91),
Section IV – Low visibility operations (pages 92 & 93),
Section V – Transport of dangerous goods (pages 94 & 95)
Section VI – Helicopter operations without an assured safe forced landing capability (pages 96 & 97)
Section VII – Helicopter operations with night vision imaging systems (page 98)
Section VIII – Helicopter hoist operations (pages 99 & 100)
Section IX – Helicopter emergency medical service operations ((pages 101 & 102).
The AMCs and GM related to Operations requiring specific approvals are presented on pages 374 - 464.
3.4 Part-OR, Subpart OPS
Subpart OPS of Part-OR contains the specific organisational requirements related to Part-OPS. It is applicable to commercial operations and non-commercial operations of complex motor-powered aircraft. It should be read in conjunction with the general organisational requirements that are contained in NPA 2008-22c Authority and Organisation Requirements that is posted at http://www.easa.eu.int/ws_prod/r/doc/NPA/NPA%202008-22c%20-%20Part-OR.pdf.
Subpart OPS of Part-OR contains nine sections as follows:
Section I – General requirements (pages 4 5),
Section II – Manuals, logs and records (pages 5 - 7),
Section III – Air operator declaration (pages 7 - 9),
Section IV – Air operator certification (pages 9 - 12),
Section V – Flight crew (pages 12 - 18),
Section VI – Cabin crew (pages 18 - 23),
Section VII – Technical crew member in HEMS, HHO and NVIS operations (pages 23 - 24),
Section VIII – Flight and duty time limitations and rest requirements (pages 24 - 30), and
Section IX – Security (pages 30 - 32).
The CS for Flight and duty time limitations and rest requirements for commercial air transport is on pages 33 – 35 of NPA 2009-02 and the remainder of the AMCs and GM for all nine sections are presented on pages 36 – 136.
The relevant General Requirements from NPA 2008-22c are on pages 4 – 8 of that NPA and the relevant AMCs and GM are on pages 23 - 38.
There are IRs, AMCs and GM that apply to both commercial and non-commercial operations but frequently there are differences in the rules and their applicability. There is also often different AMCs and GM for commercial and non-commercial operations and considerations for small operations.
3.5 Part-AR
Part-AR provides the requirements to be followed the authorities of member states and EASA when exercising their authority related to the EASA rules. These provisions should be read in conjunction with the general requirements of NPA 2008-22b Authority Requirements that is posted at http://www.easa.eu.int/ws_prod/r/doc/NPA/NPA%202008-22b%20-%20Part-AR.pdf.
Part-AR contains three subparts and six sections. They are as follows:
Subpart GEN – General Requirements
Section IV – Ramp inspections (pages 4 – 15),
Subpart CC - Specific Requirements Related to Cabin Crew
Section I – Organisations providing cabin crew training (page15),
Section II – Cabin crew attestations (page 15- 19)
Subpart OPS – Specific Requirements Related to Air Operations
Section I – General (page 20)
Section II – Certification of Commercial Air Operators (page 20)