Y Morier

1
A concept for better regulation in general
aviation

• Part-M and General Aviation workshop
• Cologne, 01 December 2006
• Y Morier

2
Contents of the presentation

• General presentation of the A-NPA
• Useful definitions in the context of the A-NPA
• Background
• Working method

3
Contents of the presentation

• The concept state of play in general aviation
• The concept principles
• The concept description
• The concept discussion points

4
Contents of the presentation

• The next steps
• Summary and conclusions
• Attachment 1 EASA general
• Attachment 2 The concept discussion points
• Attachment 3 the next steps scheduled by the
  original terms of reference

5
General presentation of the A-NPA

• An A-NPA is a tool to gather views before
  starting actual rulemaking
• A-NPA 14-2006
• Published on 16 August 2006
• Open for comments until 16 October 2006
• Structure of the A-NPA
• Main body describing the concept
• Appendix providing useful links relative to
  industry standards
• 5 attachments 4 Regulatory Impact Assessments
  and one list of studies used.

6
Useful definitions in the context of the A-NPA

• General aviation
• means all non-commercial activities of aircraft
  other than complex-motor-powered aircraft
• Commercial activities
• means a remunerated aeronautical activity covered
  by a contract between an operator and a customer,
  where the customer is not, directly or
  indirectly, an owner of the aircraft used for the
  purpose of this contract and the operator is not,
  directly or indirectly, an employee of the
  customer

7
Useful definitions in the context of the A-NPA

• Complex-motor-powered aircraft means
• (i) an aeroplane
• with a maximum certificated take-off mass
  exceeding 5,700kg or
• with a maximum approved passenger seating
  configuration of more than 9 or
• certificated for operation with a minimum crew of
  at least 2 pilots or
• equipped with (a) turbojet engine (s) or
• (ii) a helicopter
• with a maximum certificated take-off mass
  exceeding 3,175kg or
• with a maximum approved passenger seating
  configuration of more than 5 or
• certificated for operation with a minimum crew of
  at least 2 pilots or
• (iii) a tilt rotor aircraft

8
Useful definitions in the context of the A-NPA

• Assessment body
• means an approved body which may assess
  conformity of legal or natural persons with the
  rules established to ensure compliance with the
  essential requirements laid down in this
  Regulation and issue the related certificate.
• Industry standard
• Standards established or published by an official
  body whether having legal personality or not,
  which are widely recognised (by consensus) by the
  aviation community as constituting good practices
  
• Important Note
• These definitions are included into the
  legislative proposal to extend the EASA scope and
  were a given for the work.

9
Background

• Legislative proposal to extend the EASA scope
  (COM (2005) 579)
• Propose the creation of a new pilot licence
• Propose general operating rules
• Contacts with general Aviation stakeholders and
  National Authorities
• Show that a full review of airworthiness
  regulations was urgently needed.

10
Working method

• A rulemaking group was set-up
• Composition Europe-Air-sport ECOGAS, IAOPA,
  National Authorities and EASA
• The approach taken by the group
• Brainstorming beyond the limits of conventional
  approaches.
• Elaborate a complete concept by proposing and
  selecting options using regulatory impact
  assessments and a review of relevant studies.

11
The concept state of play in general aviation

• Outline of the General Aviation
• 80000 aircraft 300000 pilots excluding Annex II
• Only 25 of the USA
• Decline except micro-lights
• Stakeholders feels that there is a correlation
  between heaviness of rules and level of activity
• However safety regulation can not be blamed for
  everything
• Before embarking on relaxation of regulatory
  framework, need to look at safety data

12
The concept state of play in general aviation

• Safety data
• Major fatality risks are CFIT and loss of control
• Design related failures very low
• Human performance and weather are contributing
  factors
• Incapacitation marginal
• Third party risk not statistically
  significant

13
The concept state of play in general aviation

• Conventionally regulated sector versus less
  regulated sector
• Do not show significant difference
• CAA General Aviation regulatory review identify
  some difference but recommend further study

14
The concept state of play in general aviation

• Conclusion from the state of play supports a new
  concept in the light of
• The stagnating, difficult economic prospects of
  General Aviation in Europe
• The apparent growth of certain segments of
  General Aviation
• The nature and extent of the safety risks
• Desire of the stakeholders to ensure the
  continued existence, and hopefully growth
• The recognition that General Aviation forms an
  important part of the lives of many European
  citizens
• The general drive in the European Community to
  reduce the burden of regulation

15
The concept principles

• Proportionality
• Level of regulation appropriate and proportionate
  to risk
• General aviation well informed of risk justify
  lower level of regulation
• Target regulation to bring greater safety
  benefits
• Participation
• Bringing regulation closer to stakeholders makes
  them more responsible

16
The concept description

• Initial Airworthiness
• No change proposed for aircraft above 2000Kg
• 3 options for aircraft below 2000Kg
• Relaxation of the current system
• Industry monitoring
• Industry monitoring with self declaration (below
  750 kg)

17
The concept description

• Initial Airworthiness below 2000kg
• Relaxation of the current system differences
  with present system are
• Design capability simplified requirements,
  including the one-man organisation, to grant the
  current designers privileges,
• Basis for Type Certificate (TC) or Supplemental
  Type Certificate (STC) approved by EASA on the
  basis of a simplified Certification Specification
  adopted by EASA
• Approval of design changes and repairs TC or STC
  holder independently of their nature (major or
  minor)
• Production capability simplified requirements
  including the one-man organisation, to grant the
  current manufacturers privileges,
• Approval of Aircraft Flight Manual and
  Instructions for Continuing Airworthiness TC or
  STC holder
• Activities relative to continuing airworthiness
  of design TC or STC holder
• Body issuing Airworthiness directives EASA in
  consultation with TC holder

18
The concept description

• Initial Airworthiness below 2000kg
• Industry monitoring it differs from the current
  situation as follows
• Design capability compliance with an Industry
  Standard checked by an approved Assessment Body.
• Basis for Type Certificate or Supplemental Type
  Certificate defined by an approved designer
  using an Industry Standard
• Body issuing the TC approved Assessment Body
• Certification basis for changes and repairs TC
  or STC holder based on Industry Standard.
• Approval of design changes and repairs TC or STC
  holder
• Production capability compliance with an
  Industry Standard checked by an approved
  Assessment Body
• Body issuing Airworthiness directives EASA or
  EASA following recommendation of an approved
  Assessment Body.

19
The concept description

• Initial Airworthiness below 2000kg
• Industry monitoring with self declaration (below
  750 kg) differences with the previous option
  are
• Body issuing the TC approved designer
• Body issuing Airworthiness directives EASA in
  consultation with TC holder

20
The concept description

• Continuing airworthiness and maintenance
• Adjusting Part-M to the need of aircraft other
  than complex-motor-powered-aircraft
• If appropriate for ease of use, such revision of
  Part M could take the form of a specific stand
  alone light Part M.
• Creating a new level of licence for maintenance
  engineers in charge with General Aviation
• Establishing new privileges for approved
  maintenance organisations.

21
The concept description

• Continuing airworthiness and maintenance
• Adjusting Part-M?
• To extend pilot owner maintenance
• To allow the Airworthiness Review Certificate
  (ARC) to be issued by organisation approved in
  accordance with Part-M Subpart G (continuing
  airworthiness management organisation) or by
  Competent Authorities
• To study the possibility of using assessment
  bodies
• To review the Competent Authority concept
• To review Part-M Subpart B (accountability)
• To consider the possibility to have proportionate
  rules according to the mass and kind of aircraft
• To develop standard modifications and repairs
  (such as the Federal Aviation Administration
  Advisory Circular AC 43-13)
• To consider the use of industry standards

22
The concept description

• Air operations
• Develop a set of light implementing rules and
  acceptable means of compliance

23
The concept description

• Pilot licensing
• Create a European private pilot licence issued by
  Authorities or assessment bodies
• covering the full scope of aircraft other founded
  on a stepwise approach and on competence based
  training.
• This licence would be built around a basic common
  licence to which ratings for different categories
  of aircraft, operations and specific
  authorisations would be attached, including
  simplified instrument rating and instructor
  rating.
• No arbitrary restrictions on access to airspace
  and airports built into the licensing rule.
• Medical requirements based on risk assessment and
  consideration to allowing general practitioners
  to issue medical certificates based for example
  on an assessment following a self-declaration
  signed by the pilot.
• Commercial flying schools should have the
  possibility to train to RPPL.
• Finally a bridge with the standard FCL-PPL should
  be established.

24
The concept discussion points

• 7 questions were asked to help defining the
  follow-up of the concept.
• They are detailed in Attachment 2

25
The next steps

• Comment response document
• EASA to include the comments in the data-base and
  send the data-base to all group members Early
  January
• Evaluation of the comments by the Group on 11-12
  January. Group to provide general guidance for
  the replies and define how to get organised to
  finalise the comment-response document.
• EASA to include replies to comments into the
  data-base and send to the group April 2007.
• CRD to be published May 2007

26
The next steps

• Concept
• Presentation of a refined table summing-up the
  general concept at January meeting

27
The next steps

• Initial Airworthiness
• MDM.032 group draft the NPA reflecting option 1
  of the A-NPA.
• Start activity January 2007. Target date for NPA
  publication June 2007
• Group develop concept for European new light
  aircraft categories to be presented at the
  January meeting. Elements for NPA June 2007
• Evaluate the need for a modification of Basic
  regulation 1592/2002. It will not be possible to
  meet the original schedule for the opinion (March
  2007). Target date January meeting.

28
The next steps

• Continuing airworthiness
• M017 continues to draft the NPA as planned (March
  2007) as option 1 seems supported.
• Need for MDM.032 group to evaluate the replies to
  question 4 of A-NPA to provide further guidance
  to M.017 as appropriate before their January
  meeting.

29
The next steps

• Operations and pilot licensing
• Regulatory requirements for the recreational
  private pilot licence
• Create a sub-group to draft the elements for an
  NPA for a New PPL aiming at initially below
  2000kg (MTOM to be refined depending of aircraft
  category) and addressing medical requirements in
  a first phase.
• In a second phase adjust requirements based on
  weight criteria agreed by the legislator and
  define how medical requirements are assessed.
  Start activity January 2007. Target date for the
  elements of an NPA July 2007
• Regulatory requirements for general operating
  rules
• EASA drafts the elements for an NPA based on
  guidelines given by the group at it January
  meeting.
• Start activity January 2007. Target date for
  elements of an NPA July 2007

30
The next steps

• Administrative actions
• Sent revised TOR and TOR for FCL and OPS to AGNA
  and SSCC for information/ comments and ask for
  nominations from AGNA and SSCC for the FCL
  sub-group EASA as soon as possible
• EASA to inform the GA Community by putting a
  message on the web-site

31
Summary and conclusions

• Comprehensive concept
• Important rulemaking activities
• Still significant amount of work to do!
• Thank you for your attention
• Questions are welcome

32
Attachment 1

• EASA general

33
EASA general

• EASA is an European Union Agency Based in Cologne
  (Germany)
• It is established by EU regulation 1592/2002 that
  defines
• Objectives principal objective is to establish
  and maintain a high uniform level of civil
  aviation safety in Europe
• Basic principles for Aviation safety and
  essential requirements to be complied by
  aircraft, products and parts
• A clear sharing of roles between the Agency, the
  Member States and the Commission
• Define the Agency and its tasks e.g. issues Type
  Certificates for Aircraft.

34
EASA remit

• Currently the Regulation 1592/2002 establishes
  Community competency only for the regulation of
  the airworthiness and environmental compatibility
  of products
• Work is being done to extend the scope of this
  regulation to air operations and flight crew
  licensing (Fall 2007 and implementing rules end
  2008)
• Ultimately it could also cover the safety
  regulation of airport operations (2009) and air
  traffic control services (2010)

35
EASA present regulations structure
Agency Opinion
Annex I Essential Requirements for
Airworthiness Annex II Excluded Aircraft
Basic Regulation Regulation (EC) 1592/2002 of 15
July 2002
Agency Opinion
Regulation (EC) 2042/2003 on Continuing
Airworthiness
Regulation (EC) 1702/2003 on Airworthiness and
Environmental Certification
Annex I (Part-M) Continuing Airworthiness
Requirements
Section A Technical Requirements
Section B Administrative Procedures
Section A Application Requirements
Annex II (Part-145) Maintenance Organisation
Approvals
Appendices EASA forms
Section B administrative Procedures
Annex (Part 21)
Appendices EASA forms
Annex III (Part-66) Certifying Staff
Annex IV (Part-147) Training Organisation
Requirements
Guidance Material Part 21
Certification Specifications
Agency CS , AMC GM
AMC Guidance Material Part M, 145,66,147
AMC 20 AMC 21 CS 25 CS 34 CS 36 CS E CS P CS APU
CS 22 CS 23 CS 27 CS 29 CS VLA CS VLR
CS AWO CS ETSO CS Definitions
Parliament and Council
European Commission
EASA
36
Attachment 2

• The concept discussion points

37
The concept discussion points

• General questions
• General balance of the concept
• Possibility to use assessment bodies
• Certificate they issue is the official
  certificate
• Need to be approved by EASA or Authority
• Examples already exist
• Liability issue

38
The concept discussion points

• Initial airworthiness
• The Agency believe that the options called
  Industry monitoring and Industry monitoring
  with self declaration (below 750 kg) are more
  promising
• Comments welcome on which option to follow and on
  in that context on weight limits

39
The concept discussion points

• Continuing airworthiness and maintenance
• Additional orientations are needed on specific
  points
• Should assessment bodies be involved in the
  oversight of continuing airworthiness, such as
  ARCs renewal
• What should be the role of NAAs in this field?
• Should continuing airworthiness requirements be
  adapted to the size/type of aircraft? How should
  this be done?
• Is it worth developing standards modifications
  and repairs that could be embodied without the
  need for further approvals? Which bodies should
  do so?
• Is it possible to develop Industry Standards to
  be used in continuing airworthiness processes?
  Which bodies should be in charge?

40
The concept discussion points

• Air operations
• Contents of light implementing rules are still
  to be defined
• Comments are requested on the contents of the
  light implementing rules

41
The concept discussion points

• Pilot Licensing
• Proposed contents and privileges are very
  ambitious
• Opinion of stakeholders is requested in
  particular on
• Type of aircraft and need for an upper limit
• Ratings that could be attached
• How to perform medical assessment and possible
  role of general practitioners.

42
The concept discussion points

• Scope of common rule
• In COM (2005) 579 the Commission expressed the
  view
• that consideration should be given to aircraft
  with a low maximum take-off mass, with increased
  performance might be better regulated at
  Community level.
• No proposals to change Annex II at this stage
• Comments are requested on the possibility to
  remove certain aircraft from Annex II if the
  proposed concepts were implemented.

43
Attachment 3

• The next steps scheduled by the original terms of
  reference

44
The next steps

• Airworthiness
• An Opinion on amending regulation (EC) 1592/2002
  to adjust as appropriate its airworthiness
  provisions
• such rule should be issued by March 2007
  following an accelerated consultation, so that
  the on-going negotiations on the Commission
  proposal referred to above can be used as much as
  possible.
• An NPA (Notice of Proposed Amendment) for an
  opinion on amending the current airworthiness
  implementing rules and their associated AMC as
  required to implement the amendment to Regulation
  (EC) 1592/2002 referred to here above
• this should be ready by September 2007 and
  published at the same time that the above opinion
  to give full visibility on the amendment and its
  implications.

45
The next steps

• Airworthiness
• An Opinion on amending the current airworthiness
  implementing rules (1702/2003 and 2042/2003) to
  introduce changes that do not require the above
  adjustment of Regulation (EC) 1592/2002
• such rule should be issued by March 2007
  following an accelerated consultation so that the
  amendment can be adopted by the Commission
  sufficiently in advance of the full entry into
  force of these rules in the field of General
  Aviation by the end of 2008 and provide for
  enough time for the affected stakeholders to
  adapt.

46
The next steps

• Operations and pilot licensing
• Regulatory requirements for the recreational
  private pilot licence
• this should be ready by September 2007 as an
  input to the development of the implementing rule
  of the extended Basic Regulation related to pilot
  licensing
• Regulatory requirements for general operating
  rules
• this should be ready by September 2007 as an
  input to the development of the implementing rule
  of the extended Basic Regulation related to air
  operations