Aviation Issues: Current News Regarding Aviation

Aviation Issues: Current News Regarding Aviation

Aviation Issues: Current News Regarding Aviation

Deadline Coming Soon for Part 135 Operators and EASA SMS Requirements

Per a new European Aviation Safety Agency (EASA) regulation, U.S. Part 135 operators will need an approved safety management system (SMS) program to fly throughout Europe under the Third Country Operators (TCO) regulation. EASA defines a third party operator as any operator holding an air operator certificate issued by a third country.

Under the new EASA regulation, Part 135 operators based outside of Europe are required to apply for and obtain TCO authorization from the European Aviation Safety Agency by November 26, 2016 to operate in Europe. One fundamental part of the International Civil Aviation Organization’s (ICAO) Standards and EASA’s risk-based considerations for TCO acceptance is State (FAA) oversight. Part 135 operators will require an authorization when flying to Europe under TCO. EASA has said they will not require an authorization under the TCO for fractional operations.

EASA’s SMS requirements in TCO authorizations are based on ICAO standards. ICAO standards in Annex 19 require that an operator’s SMS must be “acceptable to the State” (U.S. FAA). Because of this requirement, the FAA does not currently recognize third-party sponsored SMSs for acceptance. For more information, contact the AFS SMS Program Office.

FAA Moving Toward Five-knot Speed Adjustments

Pilots may have already experienced ATC providing speed adjustments in five-knot increments rather than 10 knots. The FAA released a guidance in late August which it says is part of its effort to increase its performance-based navigation activities, in an effort to support NextGen capabilities.

The National Business Aviation Association (NBAA) remarked that the change is designed to help make the airspace more efficient, as the FAA moves from distance-based separation to time-based metering of air traffic, and it foresees it eventually being used throughout the National Airspace System.

The NBAA anticipates the change initially will be more noticeable on approaches, but eventually will be used throughout the National Airspace System.

NBAA Provides Comments on FAA’s Proposed Airport SMS Requirements

The NBAA recently stated that it “supports the adoption of safety management systems (SMS) at larger commercial airports,” but recently expressed concern that “the FAA’s proposed airport SMS rule would require SMS programs at smaller airports with no international scheduled airline service.”

The SMS for Airports rule began development by the FAA in 2006, to harmonize U.S. airport regulations with International Civil Aviation Organization standards, and the industry has been awaiting this rule since 2010.

A supplemental notice of proposed rulemaking, released by the FAA in July 2016, mandated SMS for several types of airports, including small, medium and large hubs and airports with more than 100,000 annual operations. It also proposes SMS programs at airports identified by Customs and Border Protection (CBP) as ports of entry, landing-rights airports or user-fee airports.

In comments on the draft rule, it stated “NBAA recognizes and promotes the value of SMS among its operating members and believes in the importance of growing the safety culture at airports covered by FAA’s proposal,” said Alex Gertsen, NBAA’s director of airports and ground infrastructure. “While safety is paramount, NBAA is concerned the FAA’s proposed criteria for applicability of SMS could present a significant challenge to some of the smaller airports that have CBP presence, but no international scheduled airline service. The requirement could also serve as a barrier to airports that desire to establish CBP services in the future.”

In addition, NBAA asked the FAA to clarify that the criteria requiring an SMS would cover only Part 139 airports. In 2010, the FAA proposed that all Part 139 airports (544, at the time) participate in SMS, and the industry expressed concern with the proposal’s scope. The revised proposal, as written, covers 268 airports. There are approximately 70 airports with CBP presence but no other criteria, which would be required to implement an SMS under the SNPRM.

The NBAA wants owners and operators to know that the FAA is also soliciting comments on a draft advisory circular (AC) that will accompany its final rule. NBAA members who wish to provide comments on the AC and share how airport SMS requirements may impact them, can email Alex Gertsen at agertsen@nbaa.org.

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