Operational Control Part 2: Special Authorizations - NBAA

Special Authorizations–Confusion Abounds!!●●In the industryWithin the FAA3

What are we talking about? Examples:●●●MEL – Minimum Equipment Lists● § 91.213● § 135.179ETOPS – Extended Overwater Operations● § 135.364RVSM – Reduced Vertical Separation Minima● § 91.180 (domestic)● § 91.706 (international)4

Authorizations come in one of two forms:●●Part 91 – LOAs – Letters of AuthorizationPart 135 – OpSpecs – Operations Specifications5

Answer: Because these authorizationsmust be issued to the operator of theaircraft, i.e., the party that exercisesoperational control during the flight – notnecessarily the owner or manager of theaircraft.7

For Example – Regarding RVSM, §§ 91.180 / 91.706 statein part:“ . . . no person may operate a civil aircraft (of U.S. registry) in airspacedesignated as Reduced Vertical Separation Minimum (RVSM) airspaceunless:(1) The operator and the operator’s aircraft comply with therequirements of appendix G of [Part 91]; and(2) The operator is authorized by the Administrator to conductsuch operations.”8

Stated another way:● Special authorizations should be applied for by, and issued to:● Registered owners that are:● Part 91 – personal / business operators for their non-airtransportationuse● Part 135 – certificate holders for their commercial use●Parties assuming operational control under “dry” lease or useagreements:● Part 91 operator lessees● Part 135 operator lessees● NOTE – could be multiple operators here9

Stated another way (cont.):● Special authorizations should not be applied for by, or issued to:● “Flight Department Companies”● “Non-Operating Holding Companies”● Part 91 Management Companies (“mere managementcompanies”)10

RVSM Specifically:● Huge confusion● Huge scheduling issues● Huge compliance and enforcement issuesBut, perhaps some relief in the works . . .11

Joint Industry / FAA RVSM Task Force of thePerformance-Base Aviation Rulemaking Committee (PARC)● Initiated largely due to NBAA requests for relief● Approximately 25 members● Broad mix of members:● FAA – various offices and levels of involvement (e.g., HQ to FSDO)● Industry – mix of operators, managers, manufacturers, consultants● Began formal work in June, 2012 – hope to complete by 2013● Initial thoughts:● No short-term rule making possible, but● Improved guidance, and● Streamlined processes where possible12

Questions?13

“Aviation in itself is not inherentlydangerous. But to an even greater degreethan the sea, it is terribly unforgiving ofany carelessness, incapacity or neglect.”David T. Norton, JD / MBA / ATPDavid T. Norton, JD / MBA / ATPShackelford, Melton & McKinley3333 Lee Parkway, 10 th FloorDallas, Texas 75219Direct: (214) 780-1407E-Fax: (214) 889-9707dnorton@shacklaw.netwww.shacklaw.netCaptain A.G. LamplughBritish Aviation Insurance Group,London, circa 193014