How will this FAA NOTICE impact Processing of all these Certificate Applicants
The FAA notice N 8900.728 (BELOW) is labeled Determine Applicant Readiness for Certification. This statement of procedures and policies is intended to establish consistency among the FAA offices (local/FSDO) With such geographical
dispersion, Washington leaders have been frustrated in implementing NATIONAL STANDARDS at the local level. It has been our experience that some FSDO officials interpret the application of criteria to the application in ways that are substantive and substantial differences.
The text provides specific language to guide the Flight Safety Offices in their assessment of applicants for an Air Carrier Certificate, Operating Certificate, or Air Agency Certificate, or the issuance of management specifications (MSpecs) per 14 CFR parts 91 subpart K (part 91K), 125, 133, 135, 137, 141, 142, 145, and 147.
N 8900.728 sets what the field staff must follow in their initial reviews. By following this recipe, the final step for all 121 applications and certs are managed through AFS-900 now called the Safety Analysis and Promotion Division Certification and Evaluation Program Office[1]. This office has 4-5 national teams to manage new 121 applications, a second review of whether the national standards are met .
Also, there are not very many new 121 applications being made versus 135 etc. The notice replaces N8900.687 and is intended to replace FAA Order 8900.1, Volume 2, Air Operator and Air Agency Certification and Application Process, and Volume 10 (SAS), Chapter 12, Certification Services Oversight Process (CSOP) for the affected CH/A parts.
The notice is also intended to standardize the process across all local FAA offices/FSDOs as many are not as knowledgeable on the Safety Assurance System (SAS) and as we have seen in the past, not even following the previous guidance in 8900.1.
Once the Certificate Management Office’s[JM1] work is complete, it is forwarded to AFS-900 where the final judgment of specific P121 requirements is made. Also, there are not very many new 121 applications being made versus 135 etc.
The other “benefit” of the new policy is it puts the onus on the applicant to complete all the pertinent checklist items before the Cert process can begin. In the past new 135, 145 applicants would submit a PASI (Preliminary Application Statement of Intent) just to get in the FAA queue and do nothing. When the FAA contacted them to start the process. many applicants had bled their start-up capital, and their airplanes and/or Part 119 personnel were no longer available. Each certificate holder must have sufficient qualified management and technical personnel to ensure the highest degree of safety in its operations
§ 119.65 Management personnel required for operations conducted under part 121 of this chapter.
- Director of Safety
- Director of Operations
- Chief Pilot for each category of aircraft used
- Director of Maintenance
- Chief Inspector
These positions must be filled by qualified individuals who have the necessary training, experience, and expertise to ensure safe operations. The applicant is not able to retain these essentials during these unknown delays and once the local office is ready, the application proof is deficient.
As a result, the applicant was put back at the end of the queue or told his project was terminated – most of the time they were put at the end of the queue. By implementing the NEW POLICY, IT PROVIDES THE FAA WITH A REASONABLE LEVEL OF CONFIDENCE THAT THE APPLICANT IS SERIOUS, HAS THE FINANCES TO FINISH THE PROJECT AND IS COMMITTED TO FOLLOWING THE CHECKLIST AND MEETING THE REQUIREMENTS.
While policy provides much clearer process step, N 8900.728 fails to emphasize that the applicant’s manual system/documents must conform with the Safety Assurance System and be written documenting the seven SAS safety attributes (responsibility, authority, procedures, process measure, interfaces, controls, and safety ownership).
The majority of applicants are not aware of or are trained in SAS so if they prepare their own manuals they end up lacking the SAS safety attributes and the FAA (if they are SAS current) will reject their manuals in the Design assessment (Phase 3). At best the applicant will get30-45 days’ time to make corrections.
Part 135 applicants were recently required to include an SMS program, and may not be knowledgeable of Part 5.The development of this safety enhancement requires careful design of policies, practices, paper and people that fits their operation.
It is unusual for a New Entrant 135 carrier to have the ability or knowledge to complete the checklist items shown in the new policy document. Our JDA team is composed of former FAA Aviation Safety alumni and are solution oriented. Also, our roster includes instructors on SAS and SMA technicalities at the FAA training Academy and their students return to the FAA field offices. Likely these graduates will be familiar with the check list items, SAS conforming manuals and Part 5 materials they saw at the FAA Academy.
JDA’s experience has collectively hundreds of years in the airline business. That aids in verifying that Part 119 personnel will help to
- meet FAA requirements,
- comply with aircraft conformity inspections
and
- conduct practice tabletop exercises to ensure preparation for the Phase 4 demonstration phase
We have helped numerous applicants through this regulatory maze. That record shows our clients receive their authorities in a timely and cost-efficient manner (~3 -6 months). Pacing items are the applicant and the FAA.
Other key areas we assist our clients with is helping them select the appropriate electronic record-keeping applications, drug, and alcohol programs etc. – no paper forms which are too cumbersome and raises the risk level if an incorrect data entry is made. Finally, we provide organizations with training on all their manuals and coordinate with the various software application providers to ensure training is set up for them.
- Classes of applicants subject to N8900.728
- Applicant Readiness Checklist
- Fractional Ownership
- Part 125 Operators
- Part 135 Operators
- Nine or Less Basic or Full (in Addition to Single Pilot or Single PIC)
- Ten or More (in Addition to Single Pilot or Single PIC and Nine or Less Basic or Full)
- Agricultural Aircraft Operations (Excluding Unmanned [stet: UNCREWED] Aircraft System (UAS))
- Part 141 Pilot Schools
- Part 142 Training Centers
- Part 145 Repair Stations
- Part 147 Aviation Maintenance Technician Schools (AMTS)
- Certification Services Oversight Process (CSOP) Process
- Initial Inquiry
- Determine Applicant Readiness Process
- Office Actions for Existing Applicants.
[1] The Office of Air Carrier Safety Assurance is comprised of divisions, which share responsibilities and balance the level of work identified below:
- Provides all certification and oversight activities for aviation entities conducting operations under, or integrally related to, 14 CFR Part 121.
- Ensures consistency and standardization in application of oversight activities, applies Risk-Based Decision Making (RBDM) for enhanced and focused utilization of certification and surveillance resources, and works across the Service to ensure stakeholder and public needs are proactively and expeditiously met.
- Investigates accidents, incidents, and possible violations of 14 CFR and ensures compliance of operators’ flight procedures, operating methods, airmen qualifications and proficiency, and aircraft maintenance conducted under, or integrally related to, 14 CFR Part 121.
[JM1]Right??? Or is it just the FSDO
