Within the air transportation industry there is a need to establish and administer safety standards to accommodate many variables. These variables include a wide range of aircraft; operator capabilities; various situations requiring different types of air transportation; and the continual, rapid changes in aviation technology. It is impractical to address all these variables through the safety regulations for each and every type of air transport scenario and the varying degrees of operator capabilities. Also, it is impractical to address the rapidly changing aviation technology and environment through the regulatory process. Safety regulations would be extremely complex and unwieldy if all possible variations and situations were addressed by regulation. Instead, the safety standards established by regulation have a broad application that allows varying acceptable methods of compliance. The Operations Specifications or OpSpecs provide an effective method for establishing safety standards that address a wide range of variables. OpSpecs can be adapted to a specific certificate holder or operator's class and size of aircraft and type and kinds of operations. OpSpecs can be tailored to suit an individual certificate holder or operator's needs. Only the authorizations, limitations, standards, and procedures that apply to a certificate holder or operator need to be included.

Title 49 of the United States Code (49 U.S.C.) empowers the FAA to issue certificates to qualified air operators and requires each air carrier certificate to include the terms, conditions, and limitations necessary to ensure safety in air transportation. Included in FAA certificates issued to air operators conducting operations under parts 121, 125, 135, 142, and 145 is a stipulation that those operations must be conducted in accordance with the provisions and limitations specified in the OpSpecs. The regulations in 14 CFR part 119 require that the OpSpecs issued to parts 121, 125, and 135 certificate holders specify the authorizations, limitations, and certain procedures under which each type of operation must be conducted and under which each class and size of aircraft must be operated. Part 119 specifies in general terms the basic content of OpSpecs for each kind of operation. The regulations also state that a person engaged in operations governed by OpSpecs issued under parts 121, 125, 135, 142, or 145 may not conduct those operations either without OpSpecs or in violation of the appropriate OpSpecs. These regulations also stipulate that the FAA may add to or amend the OpSpecs whenever necessary to address particular situations. In addition, the rule provides for the suspension or cancellation of OpSpecs for cause. For example, the OpSpecs may be suspended if the operator fails to recognize the FAA's right of inspection. The Administrator may direct the surrender of the OpSpecs for certain activities by the operator, such as failing to be adequately equipped or terminating operations. You can learn more about OpSpecs by attending the Feb 14-15 JDA Regulatory Affairs course in Dallas TX. To register click here.

JDA Assists Avitex Obtain Part 145 Certificate

Avitex, Inc. a San Diego, CA based Avionics sales and repair facility received its Part 145 repair station certificate with an Avionics rating. Avitex had contracted JDA to provide support with their Part 145 certificate process including application, manuals, forms and table-top exercises. To learn more about JDA's Part 145 Certificate Support program contact Tom Stuckey at 301-941-1460 ext 210 or 817-733-6808 and by email at tstuckey@jdasolutions.aero.

FAA Final Rule Helps Part 135 Operators at Foreign and Military Airports

The Federal Aviation Administration (FAA) published a final rule on January 11, 2012, which modifies the language in 14 CFR 135.225 to permit Part 135 operators that have been issued the C079 Operations Specification to operate at foreign and military airports with lower-than-standard weather minimums. This rule change brings the specific regulatory section into alignment with other sections of the regulations that currently permit lower-than-standard Instrument Flight Rule (IFR) operations at domestic civilian airports when authorized. The FAA took this action because the current regulatory section limits certain operators to a takeoff minimum visibility of 1 mile, and a landing minimum visibility of 1/2 mile when conducting IFR operations at those airports, even when the operator has demonstrated the ability to safely conduct operations in lower visibility. The intended effect of this final rule is to bring the identified regulatory section into alignment with other sections of the regulations that currently permit lower-than-standard IFR operations at domestic civilian, foreign, and military airports when authorized to do so. The Rule goes into effect on February 27, 2012 and may be viewed here.