Stage: Final Publications

Regulatory Agency Final Publications

FAA AIR600-21-630-DM13 Classifying very high risk aircraft in FAA Order 8130.2, paragraph D-4f

This deviation memorandum provides clarification on the criteria used to classify aircraft as very
high risk. Specifically, this deviation no longer authorizes paragraph D-4f(2) in Order 8130.2J to
be used to determine if an aircraft is very high risk. Paragraph D-4f(2) states, “Aircraft for
which the manufacturer’s or country of origin’s emergency checklist requires bailout or ejection
in the event of an engine or other system failure.”

FAA Notice N8900.592 FAA-Certificated Repair Stations and Revised OpSpec A449, Drug and Alcohol Testing Program

This notice announces revised guidance to clarify the codification
(A-codes A1, A2, A3) used in operations specification (OpSpec) A449 for Title 14 of the Code
of Federal Regulations (14 CFR) part 145 repair stations. This revised guidance aims to improve
the appropriate A-code entry, which is utilized by the Office of Aerospace Medicine, Drug
Abatement Division (AAM-800) to determine the number and relationship of facilities with drug
and alcohol testing programs, and determine which of these need to be inspected. The revised
guidance emphasizes the importance of collaboration between the Flight Standards Service (FS)
and AAM-800. This notice also announces a nonmandatory revision to OpSpec A449 for
part 145 repair stations, replacing references to the “Antidrug and Alcohol Misuse Prevention
Program” with the “drug and alcohol testing program” to align with the regulatory requirements
of 14 CFR part 120. This notice also provides factors to consider for management position
candidates having a finding of material contribution related to the revocation of a certificate
under part 145 and clarifies appeal rights for denials of part 145 certificate applications.

Civil Aviation Authority of New Zealand – Part 91 Amendment 33 General Operating and Flight Rules

Rule objective
The objective of amendment 33 to Part 91 is to update the Civil Aviation Rules (the Rules) to complete the transition from secondary surveillance radar (SSR) system to Automatic Dependent Surveillance Broadcast (ADS-B) OUT system as the primary source of data for surveillance in New Zealand.

This amendment requires all aircraft operating in transponder mandatory controlled airspace below flight level 245 designated under Part 71 in the New Zealand Flight Information Region (FIR) to be equipped with an ADS-B system as prescribed under this Part by 31 December 2022, or an earlier date specified by the Minister in a notice in the Gazette.

The initial proposed mandate date for aircraft operating in controlled airspace to be equipped with ADS-B was 31 December 2021. The proposed mandate date was set before the COVID-19 pandemic struck, and was largely based on the life span of the SSRs which were projected to reach the end of its life by 31 December 2021.

However, the consequences of COVID-19 (on public health, passenger movements, and economic activity) have significantly impacted on the rollout of Airways infrastructure (namely, a new cooperative contingency system) to support the transition to ADS-B OUT. It has also impacted on the ability of the wider aviation sector to be sufficiently equipped with ADS-B OUT by 31 December 2021 so to make the transition a success.

As Airways has not yet been able to progress development of a new cooperative contingency system, it intends to roll-over the current SSR system for another year to provide back up for ADS-B. Given this proposal for continuing with the current SSRs, and the aforementioned impacts of COVD-19 on ADS-B OUT uptake, it is considered that a delay of one year to the mandate – from 31 December 2021 to 31 December 2022 – is appropriate.

Delaying the mandate by one year is considered appropriate to ensure the transition to ADS-B OUT will be successful, primarily in ensuring the safety of the system. It also acknowledges that, in the current environment, the regulatory burden of a full transition to ADS-B by the originally proposed deadline (31 December 2021) is considerable. The delay provides owners additional time to recover from the impacts of COVID-19 and equip their aircraft with ADS-B OUT by the new mandate
date.

Given the change in the mandate date, the transition period is extended from 1 January 2022 to 31 December 2022. However, this amendment provides some flexibility for the Minister to bring forward the delayed mandate date (a date earlier than 31 December 2022). This is to mitigate any potential safety risks regarding the durability of the SSR system.

FAA Policy – ADS-B RVSM Height Monitoring on Mondays

ADS-B Height Monitoring; Effective August 31, 2021
Aircraft equipped with qualified ADS-B out systems are height-monitored each Monday during normal operations at RVSM altitudes when operating in airspace where sufficient ADS-B data is available to the FAA to determine RVSM performance. Aircraft that are due for periodic monitoring or that must verify performance can fly any Monday to obtain a monitoring result.

Operators who elect to utilize 14 CFR Part 91 Appendix G, section 9 to access RVSM airspace must verify their altitude-keeping performance. The current list of aircraft and their most recent successful monitoring date can be found at RVSM Approvals in the file labeled US IGA Operators with Domestic RVSM Authorization under Part 91 Section 9 (ADS-B).

Please allow 2-4 weeks for processing and posting of updated data.
Reference the FAA North American Approvals and Regional Monitoring Agency (NAARMO) Website:

https://www.faa.gov/air_traffic/separation_standards/naarmo/monitoring_methods/

FAA Notice N_8900.589 Automatic Dependent Surveillance-Broadcast (ADS-B) Pilot Deviation Compliance and Enforcement Procedures

This notice explains the specific procedures that apply to
compliance and enforcement actions involving pilots who operate aircraft that do not comply
with the Automatic Dependent Surveillance-Broadcast (ADS-B) Out requirements specified by
Title 14 of the Code of Federal Regulations (14 CFR) part 91, §§ 91.225 and 91.227. This notice
updates policy found in Federal Aviation Administration (FAA) Order 8900.1, Volume 7,
Chapter 1, Section 2, Pilot Deviations, Incident Investigations, and Occurrences.