Leniency for those operating in EASA airspace without a D195 OpsSpec Minimum Equipment List has evaporated. NEF program is also essential to be able to maximize your aircraft availability. See this great article on NBAA: https://nbaa.org/news/business-aviation-insider/202407/flight-crews-update-on-mel-clarifications-for-trips-to-europe/.
The FAA has required that Part 121 airlines establish SMS practices across their organizations since 2018. As a result of the benefits of its adoption, the FAA plans to mandate SMS implementation by other organizations, including Part 135 operators and Part 145 repair stations; it expects to release a notice of proposed rulemaking by September 2022.
An often overlooked piece of safety equipment is your Passenger Briefing Cards. Some of the most common problems are:
Manufacturer cards are almost always lacking in some regard. These cards are often built with a common configuration, but not necessarily yours. Emergency equipment has a way of migrating over the years when interior updates are done. The nearly universal issue is that a 2019 update to AC 121-24 requires many new things: addressing E-cigartettes and updating bracing positions are just a couple of the pitfalls.
Let AccuAero create a functional work of art for you that not only covers all requirements, but does so in an “international friendly” way that is concise and simple, graphics intensive, logically organized, and extremely durable.
Quoting our good friends at JetRVSM and JetLaw:
If you are flying or managing aircraft under Part 91 rules, there are a number of surprising regulatory traps for the unwary. They are often grouped under the label “Illegal Charter.” But, this can be misleading to many pilots and operators. Beware! Even an owner-pilot flying personal and business trips can fall into the illegal charter trap.
Be sure to read their entire article:
https://mailchi.mp/jetrvsm/get_prepared_for_increased_faa_scrutiny
Since November, 2019, many operators have been required to remove STC information and deferral capability from their MEL due to the recent issuance of Policy Letter 109. See http://fsims.faa.gov/PICDetail.aspx?docId=PL-109. In this letter, the addition of STCs within the MMEL/MEL framework will be allowed only if the STC holder applies for and receives an STC relief approval letter from the responsible AEG (Aircraft Evaluation Group). Some within the Principle Inspector community understood this to mean all previously included STCs were to be removed prior to their evaluation under the approval letter process. This was going to have dire consequences for the entire aviation community, if not solely for the reason of recently added/required ADS-B equipment.
Thankfully, the FAA released a National Policy Letter N 8900.528 to clarify that previously included STCs in the MMEL do not have to have approval letters to be used by the operators. Certain active producers of STCs may transition to approval letters over time, but there is no required timeframe, as of this time. Many STCs included in the MMEL which no longer have active companies supporting them can continue to be used within the MMEL, as they are considered previously evaluated under the FOEB (Flight Operations Evaluation Board) process prior to their inclusion into the MMEL.
Bottom line: Any STC within the MMEL is fair game to use as an operator (unless your PI specifically sites safety concerns). Any new STCs will have to go through the approval letter process and be added to the MMEL by the operator desiring that relief.
As just reported by NBAA:
The National Business Aviation Association (NBAA) today applauded the Federal Aviation Administration (FAA) for developing a plan to allow a real-time flight-tracking opt-out for operators that have equipped their aircraft with Automatic Dependent Surveillance-Broadcast (ADS-B) equipment, which will be required to operate in most U.S. airspace effective Jan. 1, 2020.
In a related move to ensure operator security and privacy, the FAA said it will establish new terms-of-service agreements with aircraft tracking service providers that will limit the sharing of aircraft data, if operators want to opt out from having their flight information broadcast over the Internet. The new terms of service are expected to go into effect by year’s end.
These new privacy and security developments were announced by the FAA during the NBAA Flight Planners Summit at the association’s recent Business Aviation Convention & Exhibition (NBAA-BACE) in Las Vegas, NV.
Under Phase 1 of the so-called “Privacy ICAO Address (PIA) Program,” which is expected to be in place by Jan.1, 2020, the FAA will set up a web portal to accept requests from operators that wish to block real-time ADS-B position and identification information for their aircraft. These operators will be issued an alternative, temporary International Civil Aviation Organization (ICAO) aircraft address, which will not be connected to their aircraft information in the FAA Aircraft Registry.
In Phase 2, which is expected to start in mid-2020, the PIA program will be transitioned to third-party service provider(s). Only external organizations vetted by the FAA (e.g. law enforcement) will be able to reverse-look-up the true identity of an aircraft. Full details about the PIA program are available at www.faa.gov/go/adsbprivacy.
Per our partner company JetRVSM:
Effective January 22, 2019, you may enter RVSM airspace without an FAA-issued authorization if (and only if) ALL of the following are true:
FAA has not yet updated FSIMS or the RVSM Advisory Circular
THE FOLLOWING ARE STILL REQUIRED–NO CHANGE:
MEL/MMEL LOA
Part 91 operators are still required to have a D095 (MMEL as an MEL) Letter of Authorization in order to defer maintenance of inoperative components. The exception is if your aircraft is leased to a charter company, in which case you use the charter operator’s FAA-approved MEL.
INTERNATIONAL OPS LOAs
If you fly your aircraft outside the US, you will need an RVSM LOA to fly in any other country’s airspace since they continue to require an operator-specific authorization from the State authority (FAA). There are also other LOAs required depending on where you fly. For example, NAT HLA and RNP-10 LOAs are required to operate FL285-410 across the North Atlantic, including along the Blue Spruce Routes.
PART 91 OPERATIONAL CONTROL & FAR 91.23 FAA TRUTH IN LEASING
You are still responsible for having an FAA-compliant Part 91 operational control structure. It is not legal to operate an aircraft in a special purpose entity formed to hold title to and/or operate the aircraft. This is called a “flight department company” and you can Google the term for lots of information on this regulatory trap. Congress has tasked FAA inspectors with investigating illegal charter activities in 2019. If you have questions about this, give us a call. The solution is to dry lease the aircraft to the appropriate persons and/or companies using the aircraft. If your aircraft is over 12,500 pounds there are FAA Truth in Leasing requirements for filing the lease with the registry and the FSDO.
RVSM HEIGHT MONITORING
For now the 2-year or 1,000 hour (whichever is longer) recurrent RVSM height monitoring is still required via AGHME or GMU. The Atlantic City AGHME is non-operational, but you can request the FAA to “manually” use ADS-B OUT data during overflight to determine compliance. We will update everyone when ADS-B Out active RVSM height monitoring is functioning. There is no estimated date for this to occur, but likely closer to January 2020.
An NEF or Non-Essential Furnishings program is essential to getting the most out of your MEL.
It covers items that used to be included in your MEL under Passenger and Cockpit convenience items. Therefore, without an NEF program , simple things like torn seatback pockets, broken trim or torn carpet could ground your aircraft! The best way to address these is simply list them in your NEF program. Forgot an item? No problem. You have the right to update this list at anytime. Just remember that Part 135 or 121 operators must notify their FSDO of the revision within 10 days. Does anyone have questions that need answering re: this “essential” non-essential program?
The latest in the “SAFA Check” saga is:
A D195 Ops Spec MEL was declared the only acceptable MEL by EASA in March of 2017. Since then, we have heard that a few D095 MMELs have passed SAFA checks, but that a great deal of additional scrutiny will be placed on your MMEL and all its supporting documentation, should you choose to use a D095 MMEL. Unfortunately, this additional requirement came to be because of certain operators with a D095 LOA having not met the minimum required documentation specified in the LOA. As the FAA does not inspect/certify D095 MMELs, the first time the discrepancy was noted was often during ramp checks. As of now, the best course of action is to use a D195 MEL if you are planning to land in EASA territory.
To view an illuminating NBAA article on the subject CLICK HERE
Ensure you start early on this project. The FAA may take 60 days or more with your MEL to approve it.
In 2017, the FAA updated Federal Order 8900.1, adding a section of phrases that cannot be brought into an MEL from the MMEL. Here’s an excerpt:
A. Must be Defined. In an MEL, the operator must expand on MMEL general “Remarks or Exceptions” and include specific procedures in accordance with the requirements of the operating rules (e.g., parts 91K, 121, 135) under which the operator conducts their operation. The procedures must address what is required when a particular item is inoperative. The following phrases are examples of MMEL general “Remarks or Exceptions” that may not be included in an MEL. POIs may not approve an MEL that contains these phrases:
1) “May be inoperative provided procedures do not require its use.”
2) “May be inoperative or missing if alternate procedures are established and used.”
3) “May be inoperative unless required by 14 CFR” or “As required by 14 CFR.”
The Phrase “As Required by 14 CFR” or Any Similar Statement is Prohibited in an MEL. This phrase (or similar ones) may appear in the MMEL general “Remarks or Exceptions”. Operators may never carry this phrase over to an MEL.
So, don’t be surprised when your MEL is a bit lighter on words than its’ parent MMEL. Oh…and you might think that since this directive came out of Vol 4, Chapter 4, Section 3 (applicable to Pts 135, 121, 125, etc) that it doesn’t apply to Part 91 operators. Surprise! Here’s the directive from the 1st page of Vol 4, Chapter 4, Section 3 that makes it applicable when building a Part 91 MEL:
1) Limited Applicability to Parts 91, 137, and 142 Operators Using an FAA-Approved MEL. Volume 4, Chapter 4, Section 2 contains the majority of information related to parts 91 (with the exception of part 91K), 137, and 142 operators. However, information contained in this section regarding MEL format, content, and revision may also apply to parts 91, 137, and 142 operators who have been issued a Letter of Authorization (LOA) to use an MEL (D095 for parts 137 and 142, and D195 for part 91).
So there you go…oodles of tweaks to the MEL have to be accomplished by both Part 135 AND Part 91 operators. Painful? Yes…but we knock this out of the park for you,…no sweat!