Stage: Final Publications

Regulatory Agency Final Publications

EASA ED Decision 2020/018/R Amendment to the Acceptable Means of Compliance and Guidance Material to Part-FCL and Part-ARA of Commission Regulation (EU) No 1178/2011 — ‘Basic instrument rating’

The objective of this Decision is to address the objective established by the General Aviation (GA) Road Map, which is to work towards simpler, lighter and better rules for GA.

The key principles for the basic instrument rating (BIR) are that the training is entirely competency-based and flexible, and focuses on the practical needs of GA pilots, and that the practical training and testing standards are similar to those of the current Part-FCL CB-IR. The competency-based training is conducted through a modular training system. There are four modules: Module 1 is completed first, but the order in which Modules 2 and 3, and — if applicable — Module 4, are completed, is up to the applicant. The new AMC1 FCL.835 ‘Basic instrument rating (BIR)’ provides the competency criteria required for the relevant training modules of the BIR. Each module contains the required individual competencies. It will be up to the training organisation or instructor to determine whether the competencies have been assimilated to the required standard before allowing the candidate to progress to the next module or skill test. This will allow that the difference in learning speed of candidates can be taken into account for their progress.

In the existing AMC1 ARA.FCL.300(b) ‘Examination procedures’, new columns are added in relation to the exam length, the total number of questions, and the distribution of questions per the BIR modules.

TSO-C106a

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FAA N8900.568

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FAA N8900.567 Portal for International Pilot Deviations (PIPD) Beta Test on PDs Involving Foreign Air Carriers Operating Under 14 CFR Part 129 or Part 375

This notice replaces Notice N 8900.547, Portal for International
Pilot Deviations (PIPD) Beta Test, dated May 13, 2020. This notice announces additional
revisions to Federal Aviation Administration (FAA) Order 8900.1, Volume 7, Investigation; and
Volume 12, International Aviation, for processing pilot deviations (PD) associated with airmen
who, when involved in the PD, were operating for a foreign operator under Title 14 of the Code
of Federal Regulations (14 CFR) part 129 or 375, and whose State of the Operator is a PIPD beta
test participant. This change in guidance affects offices with responsibility for investigating
part 129 or 375 PDs.

FAA N8900.567

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FAA N8900.566 Interim Policy on the Effects of the Future of Flight Standards (FFS) Initiative on Current Policy, Guidance, and Documents

This notice supplements all policy, guidance, and documents
impacted by the structural and organizational changes for the Future of Flight Standards (FFS)
transformation where references to certain organizational entities are no longer valid. This notice
reissues and expands on Notice N 8900.426, Interim Policy on the Effects of the Future of Flight
Standards (FFS) Initiative on Current Policy, Guidance, and Documents, dated June 21, 2017.

FAA N8900.566

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ICAO Amendment 46 and 39 to Annex 6 Parts I and II Respectively (Deferral of 25 Hour CVR Requirement Until 1 January 2022

The Council, at the fourth meeting of its 219th Session held on 9 March 2020, when adopting the declaration related to the outbreak of the novel coronavirus (COVID-19), reaffirmed its commitment to closely monitor the situation and support Member States in their response measures, as appropriate, and its readiness to take further action as circumstances develop.

Amendments 44 and 39 to Annex 6 — Operation of Aircraft, Part I — International Commercial Air Transport — Aeroplanes and Part II — International General Aviation — Aeroplanes, respectively, arose from a proposal made by the Flight Recorder Specific Working Group (FLIRECSWG). These amendments came as a result of an unintended consequence of the COVID-19 global pandemic where aircraft, intended for delivery in 2020, will only receive their Certificate of Airworthiness after 1 January 2021, the date in which the future equipage requirements for twenty-five hour cockpit voice recorder (CVR) recordings are mandated. The pandemic has negatively impacted aircraft operators, aircraft manufacturers, flight recorder system equipment manufacturers, audio system equipment manufacturers and sub-tier suppliers to equipment manufacturers. If these aircraft had to be refitted, it would imply huge cost for the industry.

In this regard, I have the honour to inform you that Amendments 46 and 39 to Annex 6, Parts I and II, respectively, were adopted by the ICAO Council at the fifth meeting of its 221st Session on 4 November 2020. Copies of the Amendments and the Resolution of Adoption are available as attachments to the electronic version of this State letter on the ICAO-NET (http://portal.icao.int) where you can access all other relevant documentation.

When adopting the amendment, the Council prescribed 15 February 2021 as the date on which they will become effective, except for any part concerning which a majority of Contracting States have registered their disapproval before that date. In addition, the Council resolved that Amendments 44 and 39, to the extent they become effective, will become applicable on 25 March 2021.

States with aircraft subject to these Standards prior to the new future equipment date becoming effective can file a temporary difference in the COVID-19 Contingency Related Differences sub-system1 (CCRD) in the Electronic Filing of Differences system. Once the Standards become effective, the requirement to equip aircraft with a twenty-five hour cockpit voice recorder (CVR) recordings would apply in 2022 and the temporary difference would therefore not be needed.

The subjects are given in the amendment to the Forewords of Annex 6, Parts I and II, a copy of which is in Attachment A.

In conformity with the Resolution of Adoption, may I request:
a) that before 15 February 2021 you inform me if there is any part of the adopted Standards and Recommended Practices (SARPs) amendments in Amendments 44 and 39, respectively, concerning which your Government wishes to register disapproval, using the form in Attachment B for this purpose. Please note that only statements of disapproval need be registered and if you do not reply it will be assumed that you do not disapprove of the amendment;
b) that before 25 February 2021 you inform me of the following, using the Electronic Filing of Differences (EFOD) System or the form in Attachment C for this purpose:

1) any differences that will exist on 25 March 2021 between the national regulations or practices of your Government and the provisions of the whole of Annex 6, Parts I and II, as amended by all amendments up to and including Amendments 46 and 39, respectively, and thereafter of any further differences that may arise; and

2) the date or dates by which your Government will have complied with the provisions of the whole of Annex 6, Parts I and II as amended by all amendments up to and including Amendments 46 and 39, respectively.

With reference to the request in paragraph 5 a) above, it should be noted that a registration of disapproval of Amendments 46 and 39 or any part of either in accordance with Article 90 of the Convention does not constitute a notification of differences under Article 38 of the Convention. To comply with the latter provision, a separate statement is necessary if any differences do exist, as requested in paragraph 5 b) 1). It is recalled in this respect that international Standards in Annexes have a conditional binding force, to the extent that the State or States concerned have not notified any difference thereto under Article 38 of the Convention.

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Annex 6, Part I – Aeroplanes

All aeroplanes of a maximum certificated take-off mass of over 27 000 kg for which the individual certificate of airworthiness is first issued on or after 1 January 2022 shall be equipped with a CVR which shall retain the information recorded during at least the last twenty-five hours of its operation.

Annex 6, Part II – Aeroplanes, Section 2 General Aviation Operations

All aeroplanes of a maximum certificated take-off mass of over 27 000 kg for which the individual certificate of airworthiness is first issued on or after 1 January 2022 shall be equipped with a CVR capable of retaining the information recorded during at least the last 25 hours of its operation.