NPA-OPS 56 (JAR-OPS 3) Subpart M NPA-OPS 56 (JAR-OPS 3) Changes to Subpart M and other Subparts to reflect Commission Regulation (EC) No 2042/2003 CJAA/OPS DIV Page 1 of 18 19/09/2006
NPA-OPS 56 (JAR-OPS 3) Subpart M NPA-OPS 56 NPA to JAR-OPS Part 3 (Commercial Air Transportation Helicopters) This NPA is comprised of:- 1. Explanatory Note 1.1. Regulatory Background 1.2. Regulatory Impact Assessment 2. Text Proposals For ease of reference, the proposals are shown in much the same format as they would appear in the JAR. Thus, Section 1 material is shown in columnar format and Section 2 reads across the page. The proposed changes to the text are shown by a combination of strikeout and bold italics. The latter indicates proposed new text (or numbering). Paragraph/s affected:- Section 1: JAR-OPS 3.875 to 3.935 to be withdrawn entirely JAR-OPS 3.875 new paragraph JAR-OPS 3.135(a)(2) Appendix 1 to JAR-OPS 3.005(h), paragraph (c) JAR-OPS 3.175(o) JAR-OPS 3.180(a)(2) Appendix 1 to JAR-OPS 3.440 (i) Appendix 1 to JAR-OPS 3.1065 JAR-OPS 3.1070 JAR-OPS 3.1071 Section 2 AMC/IEM M HELICOPTER MAINTENANCE to be withdrawn entirely Comment Response Document CJAA/OPS DIV Page 2 of 18 19/09/2006
NPA-OPS 56 (JAR-OPS 3) Subpart M 1. Explanatory Note 1.1. Regulatory Background The EU has introduced legally binding requirements upon its member states. Specifically, Commission Regulation (EC) No 2042/2003 came into force on 28 September 2005 for Commercial Air Transport; this regulation will be applicable to those JAA member states which are members, or associate members, of the EU. Thus, for EU and EU-Associate JAA member states, National legislation will be superseded by the above Commission Regulation, with effect from 28 th September 2005. For all other JAA member states, National legislation continues to remain in force. It will no longer be possible to maintain JAR-OPS 3 Subpart M Section 1 and Section 2, in its existing form. Therefore, the text will be withdrawn and replaced by reference to Commission Regulation (EC) No 2042/2003. It will also be noted that there are several references to JAR-OPS 3 Subpart M contained in other Subparts of JAR-OPS 3, and which are consequentially affected by these changes; these references are also amended accordingly by this NPA. Those JAA member states which are not required to comply with Part-M and Part-145 requirements are, nevertheless, recommended to do so with effect from 28 th September 2005 in light of the withdrawal and discontinued support by the JAA of the existing JAR-OPS 3 Subpart M text. Thus, JAA member states which do not adopt this Commission Regulation will be individually responsible for maintaining the adequacy and suitability of their own requirements. Notes: (i) (ii) TGL 38 was issued in September 2005 and gives guidance regarding the existing content of JAR-OPS 1 and 3 Subpart M as regards the EC Regulation. NPA-OPS 56 was endorsed at OST 05-4 and, following successful RST review, was launched for public consultation (1 st March 2006 to 1 st April 2006).The CRD and final text proposals were endorsed at OST 06-3 June 2006 for final RST review, prior to being submitted to the JAAC for adoption, in accordance with JAR-11. CJAA/OPS DIV Page 3 of 18 19/09/2006
1.2. Regulatory Impact Assessment NPA-OPS 56 (JAR-OPS 3) Subpart M An RIA, normally required for an NPA, is not considered necessary in this case. The reason for this is that legislation regarding Continued Airworthiness for EU Member States has already been passed by the EU, in Commission Regulation (EC) 2042/2003, which requires EU member states to be compliant, for Commercial Air Transport, with effect from 28 th September 2005. However, those non-eu JAA member states which elect not to adopt, or not to comply with the requirements of Part-M and Part-145 will be individually responsible for maintaining the validity of the content of the version of Subpart M which they use in conjunction with JAR-OPS 3. In this regard, these NAAs may wish, individually, to conduct regulatory impact assessments in order to satisfy themselves of the practicality of their chosen course of action. CJAA/OPS DIV Page 4 of 18 19/09/2006
NPA-OPS 56 (JAR-OPS 3) Subpart M 2. Text Proposals Section 1 JAR-OPS 3.875 to 3.935 to be withdrawn entirely JAR-OPS 3.875 General system by the Authority. (See IEM OPS 3.885(b).) SUBPART M HELICOPTER MAINTENANCE (See IEM OPS 3.875) (a) An operator shall not operate a helicopter unless it is maintained and released to service by an organisation appropriately approved/accepted in accordance with JAR-145 except that pre-flight inspections need not necessarily be carried out by the JAR-145 organisation. (b) This Subpart prescribes helicopter maintenance requirements needed to comply with the operator certification requirements in JAR-OPS 3.180. JAR-OPS 3.880 Terminology The following definitions from JAR-145 shall apply to this Subpart: (a) Approved by the Authority - means approved by the Authority directly or in accordance with a procedure approved by the Authority. (b) Approved standard - means a manufacturing/design/maintenance/quality standard approved by the Authority. (c) Preflight inspection - means the inspection carried out before flight to ensure that the helicopter is fit for the intended flight. It does not include defect rectification. JAR-OPS 3.885 Application for and approval of the operator's maintenance system (a) For the approval of the maintenance system, an applicant for the initial issue, variation and renewal of an AOC shall submit the documents specified in JAR- OPS 3.185(b). (See IEM OPS 3.885(a).) (b) An applicant for the initial issue, variation and renewal of an AOC who meets the requirements of this Subpart, in conjunction with an appropriate JAR-145 approved/accepted maintenance organisation's exposition, is entitled to approval of the maintenance Note: Detailed requirements are given in JAR-OPS 3.180(a)(3) and 3.180(b), and JAR-OPS 3.185. JAR-OPS 3.890 Maintenance responsibility (a) An operator shall ensure the airworthiness of the helicopter and the serviceability of both operational and emergency equipment by (see AMC OPS 3.890(a)): (1) The accomplishment of pre-flight inspections (see AMC OPS 3.890(a)(1)); (2) The rectification to an approved standard of any defect and damage affecting safe operation, taking into account the minimum equipment list and configuration deviation list if available for the helicopter type [ (see AMC OPS 3.890(a)(2)) ] ; (3) The accomplishment of all maintenance in accordance with the approved operator's helicopter maintenance programme specified in JAR-OPS 3.910 [ (see AMC OPS 3.890(a)(3)) ] ; (4) The analysis of the effectiveness of the operator's approved helicopter maintenance programme (see AMC OPS 3.890(a)(4)); (5) The accomplishment of any operational directive, airworthiness directive and any other continued airworthiness requirement made mandatory by the Authority. Until formal adoption of JAR-39, the operator must comply with the current national aviation regulations [ (see AMC OPS 3.890(a)(5)) ] ; and (6) The accomplishment of modifications in accordance with an approved standard and, for nonmandatory modifications, the establishment of an embodiment policy (see AMC OPS 3.890(a)(6)). (b) An operator shall ensure that the Certificate of Airworthiness for each helicopter operated remains valid in respect of: (1) The requirements in sub-paragraph (a) above; (2) Any calendar expiry date specified in the Certificate; and CJAA/OPS DIV Page 5 of 18 19/09/2006
NPA-OPS 56 (JAR-OPS 3) Subpart M (3) Any other maintenance condition specified in the Certificate. (c) The requirements specified in sub-paragraph (a) above must be performed in accordance with procedures acceptable to the Authority. [Amdt. 2, 01.01.02] JAR-OPS 3.895 Maintenance Management (a) An operator must be appropriately approved in accordance with JAR-145 to carry out the requirements specified in JAR-OPS 3.890(a)(2), (3), (5) and (6) except when the Authority is satisfied that the maintenance can be contracted to an appropriate JAR- 145 approved/accepted organisation. (See AMC OPS 3.895(a).) (b) An operator must employ a person or group of persons acceptable to the Authority to ensure that all maintenance is carried out on time to an approved standard such that the maintenance responsibility requirements prescribed in JAR-OPS 3.890 are satisfied [ ]. The person, or senior person as appropriate, is the nominated postholder referred to in JAR-OPS 3.175(i) (2). [ The Nominated Postholder for Maintenance is also responsible for any corrective action resulting from the quality monitoring of JAR-OPS 3.900(a).] (See AMC OPS 3.895(b).) [ (c) The Nominated Postholder for Maintenance should not be employed by a JAR 145 approved/accepted Organisation under contract to the Operator, unless specifically agreed by the Authority. (See AMC OPS 3.895(c))]. ( [ d ]) When an operator is not appropriately approved in accordance with JAR-145, arrangements must be made with such an organisation to carry out the requirements specified in JAR-OPS 3.890(a)(2), (3), (5) and (6). [Except as otherwise specified in paragraphs (e), (f) and (g) below, the arrangement must be in the form of] a written maintenance contract between the operator and the JAR-145 approved/accepted maintenance organisation detailing the functions specified in JAR-OPS 3.890(a)(2), (3), (5) and (6) and defining the support of the quality functions of JAR- OPS 3.900. [Helicopter base and scheduled line maintenance and engine maintenance] contract [ s ], together with all amendments, must be acceptable to the Authority. The Authority does not require the commercial elements of a maintenance contract. (See AMC OPS 3.895( [ d ] ).) (e) Notwithstanding paragraph (d) above, the operator may have a contract with an organisation that is not JAR 145 approved/accepted, provided that: (1) for helicopter or engine maintenance contracts, the contracted organisation is a JAR-OPS Operator of the same type of helicopter, (2) all maintenance is ultimately performed by JAR 145 approved/accepted organisations, (3) such a contract details the functions specified in JAR-OPS 3.890(a)(2), (3), (5) and (6) and defines the support of the quality functions of JAR-OPS 3.900, (4) the contract, together with all amendments, is acceptable to the Authority. The Authority does not require the commercial elements of a maintenance contract. (See AMC OPS 3.895(e).) (f) Notwithstanding paragraph (d) above, in the case of helicopter needing occasional line maintenance, the contract may be in the form of individual work orders to the Maintenance Organisation. (See IEM OPS 3.895(f&g)) [ (g) Notwithstanding paragraph (d) above, in the case of helicopter component maintenance, including engine maintenance, the contract may be in the form of individual work orders to the Maintenance Organisation. (See IEM OPS 3.895(f&g))] ( [ h ] ) An operator must provide suitable office accommodation at appropriate locations for the personnel specified in sub-paragraph (b) above. (See AMC OPS 3.895(h).) [Amdt. 2, 01.01.02] JAR-OPS 3.900 Quality System (See AMC OPS 3.900) (See IEM OPS 3.900) (a) For maintenance purposes, the operator's quality system, as required by JAR-OPS 3.035, must additionally include at least the following functions: (1) Monitoring that the activities of JAR- OPS 3.890 are being performed in accordance with the accepted procedures; (2) Monitoring that all contracted maintenance is carried out in accordance with the contract; and (3) Monitoring the continued compliance with the requirements of this Subpart. (b) Where the operator is approved in accordance with JAR-145, the quality system may be combined with that required by JAR-145. JAR-OPS 3.905 Operator's Maintenance Management Exposition (a) An operator must provide an operator's Maintenance Management exposition containing details of the organisation structure (see AMC OPS 3.905(a)) including: (1) The nominated postholder responsible for the maintenance system required by JAR-OPS CJAA/OPS DIV Page 6 of 18 19/09/2006
NPA-OPS 56 (JAR-OPS 3) Subpart M 3.175(i)(2) and the person, or group of persons, referred to in JAR-OPS 3.895(b); (2) The procedures that must be followed to satisfy the maintenance responsibility of JAR-OPS 3.890 and the quality functions of JAR-OPS 3.900, except that where the operator is appropriately approved as a maintenance organisation in accordance with JAR-145, such details may be included in the JAR-145 exposition. (b) An operator's maintenance management exposition and any subsequent amendment must be approved by the Authority. JAR-OPS 3.910 Operator's helicopter maintenance programme (a) An operator must ensure that the helicopter is maintained in accordance with the operator's helicopter maintenance programme. The programme must contain details, including frequency, of all maintenance required to be carried out. The programme will be required to include a reliability programme when the Authority determines that such a reliability programme is necessary. (See AMC OPS 3.910(a).) (b) An operator's helicopter maintenance programme and any subsequent amendment must be approved by the Authority. (See AMC OPS 3.910(b).) JAR-OPS 3.915 Operator's Helicopter Technical Log (See AMC OPS 3.915) (a) An operator must use a helicopter technical log system containing the following information for each helicopter: (1) Information about each flight necessary to ensure continued flight safety; (2) The current helicopter certificate of release to service; (3) The current maintenance statement giving the helicopter maintenance status of what scheduled and out of phase maintenance is next due except that the Authority may agree to the maintenance statement being kept elsewhere; (4) All outstanding deferred defects that affect the operation of the helicopter; and (5) Any necessary guidance instructions on maintenance support arrangements. (b) The helicopter technical log and any subsequent amendment must be approved by the Authority. JAR-OPS 3.920 Maintenance Records (See AMC OPS 3.920) (a) An operator shall ensure that the helicopter technical log is retained for 24 months after the date of the last entry. (b) An operator shall ensure that a system has been established to keep, in a form acceptable to the Authority, the following records for the periods specified: (1) All detailed maintenance records in respect of the helicopter and any helicopter component fitted thereto - 24 months after the helicopter or helicopter component was released to service; (2) The total time and flight cycles as appropriate, of the helicopter and all life-limited helicopter components - 12 months after the helicopter has been permanently withdrawn from service; (3) The time and flight cycles as appropriate, since last overhaul of the helicopter or helicopter component subjected to an overhaul life - Until the helicopter or helicopter component overhaul has been superseded by another overhaul of equivalent work scope and detail; (4) The current helicopter inspection status such that compliance with the approved operator's helicopter maintenance programme can be established - Until the helicopter or helicopter component inspection has been superseded by another inspection, of equivalent work scope and detail; (5) The current status of airworthiness directives applicable to the helicopter and helicopter components - 12 months after the helicopter has been permanently withdrawn from service; and (6) Details of current modifications and repairs to the helicopter, engine(s), rotor and transmission components and any other helicopter component vital to flight safety - 12 months after the helicopter has been permanently withdrawn from service. [(see IEM OPS 3.920(a)(6)) ] (c) An operator shall ensure that when a helicopter is permanently transferred from one operator to another operator the records specified in paragraphs (a) and (b) are also transferred and the time periods prescribed will continue to apply to the new operator. [(see AMC OPS 3.920(c)) ] [Amdt. 2, 01.01.02] JAR-OPS 3.925 Intentionally blank JAR-OPS 3.930 Continued Validity of the CJAA/OPS DIV Page 7 of 18 19/09/2006
NPA-OPS 56 (JAR-OPS 3) Subpart M Air Operator Certificate in Respect of the Maintenance System (See IEM OPS 3.930) An operator must comply with JAR-OPS 3.175 and 3.180 to ensure continued validity of the Air Operator Certificate in respect of the maintenance system. An operator shall not introduce alternative procedures to those prescribed in this Subpart unless needed and an equivalent safety case has first been approved by the Authority and supported by JAA Member Authorities. JAR-OPS 3.935 Equivalent Safety Case (See IEM OPS 3.935) INTENTIONALLY LEFT BLANK and replaced by the following text: SUBPART M HELICOPTER MAINTENANCE JAR-OPS 3.875 General (a) An operator shall not operate a helicopter unless it is maintained and released to service by an organisation appropriately approved/accepted in accordance with Commission Regulation (EC) No 2042/2003, Part-145, except that pre-flight inspections need not necessarily be carried out by the Part-145 organisation. (b) Helicopter continuing airworthiness requirements needed to comply with the operator certification requirements in JAR-OPS 3.180 are those set up in Commission Regulation (EC) No 2042/2003, Part-M (hereinafter abbreviated to Part-M for convenience). CJAA/OPS DIV Page 8 of 18 19/09/2006
JAR-OPS 3.135(a)(2) JAR-OPS 3.135 Additional information and forms to be carried (a) An operator shall ensure that, in addition to the documents and manuals prescribed in JAR-OPS 3.125 and JAR-OPS 3.130, the following information and forms, relevant to the type and area of operation, are carried on each flight: (2) Helicopter Technical Log containing at least the information required in JAR-OPS 3.915(a) Part-M - M.A.306 Operator s technical log system; Appendix 1 to JAR-OPS 3.005(h)(c) Appendix 1 to JAR-OPS 3.005(h) Helicopter Hoist Operations (HHO) (c) Maintenance of HHO equipment. Maintenance instructions for HHO systems must be established by the operator, in liaison with the manufacturer, included in the operator s helicopter maintenance programme prescribed in JAR OPS 3.910 Part-M - M.A.302 Maintenance programme, and be approved by the Authority. JAR-OPS 3.175(o) JAR-OPS 3.175 General rules for Air Operator Certification [and supervision] ([o]) The Operator must comply with the maintenance requirements, in accordance with Subpart M Part-M, for all helicopters operated under the terms of its AOC.
JAR-OPS 3.180(a)(2) JAR-OPS 3.180 Issue, variation and continued validity of an AOC (a) An operator will not be granted an AOC, or a variation to an AOC, and that AOC will not remain valid unless: (2) The maintenance system has been approved by the Authority in accordance with Subpart M Part-M; and Appendix 1 to JAR-OPS 3.440 (i) Appendix 1 to JAR-OPS 3.440 Low Visibility Operations - General Operating Rules (i) Maintenance of Category II, Category III and LVTO equipment. Maintenance instructions for the onboard guidance systems must be established by the operator, in liaison with the manufacturer, and included in the operator's helicopter maintenance programme prescribed in JAR-OPS 3.910 Part-M - M.A.302 Maintenance programme which must be approved by the Authority. Appendix 1 to JAR-OPS 3.1065 Appendix 1 to JAR-OPS 3.1065 Document storage periods An operator shall ensure that the following information/documentation is stored in an acceptable form, accessible to the Authority, for the periods shown in the Tables below. Note: Additional information relating to maintenance records is prescribed in Subpart M Part-M -M.A.306(c) Operator s technical log system.
NPA-OPS 56 (JAR-OPS 3) Subpart M JAR-OPS 3.1070 JAR-OPS 3.1070 Operator's maintenance management exposition An operator shall keep a current approved maintenance management exposition as prescribed in JAR-OPS 3.905 Part-M - M.A.704 Continuing airworthiness management exposition. JAR-OPS 3.1071 JAR-OPS 3.1071 Helicopter Technical Log An operator shall keep a helicopter technical log as prescribed in JAR-OPS 3.915 Part-M - M.A.306 Operator s technical log system. Section 2 AMC/IEM M HELICOPTER MAINTENANCE To be withdrawn entirely. CJAA/OPS DIV Page 11 of 18 Submitted 09/05/06 For endorsement at OST 06-3
CRD to NPA-OPS 56 JAR-OPS 3 Changes to Subpart M and other Subparts to reflect Commission Regulation (EC) No 2042/2003 CJAA/OPS DIV Page 12 of 18 19/09/2006
Comment/Response Document NPA-OPS 56 (Section 1 material) Number Org. Comments Reason(s) for proposed text/comment Response Summary of NPA-OPS 56 comment phase Comment period: 01/03/2006 until 01/04/2006 Comment period extended: N/A Number of comments received: 14 CRD collated by: CRD sent for review to: CJAA, Luz Mendes Rob McGregor, Mike Harrison CRD sent on: 3 April 2006 Date for completion of review: 1 st May 2006* A = Accepted PA = Partially accepted D = Declined N = Noted CJAA/OPS DIV Page 13 of 18 19/09/2006
Comment/Response Document NPA-OPS 56 (Section 1 material) Number Org. Comments Reason(s) for proposed text/comment Response General 001 Rep. of Macedonia CAA The Rep. of Macedonia CAA agrees with the proposal of NPA-OPS 56 002 NCAA The Norvegian CAA agrees with the proposal of NPA-OPS 56. 003 SCAA The Swedish CAA agrees with the proposal of NPA-OPS 56. 004 FCAA The Finnish CAA agrees with the contents of NPA-OPS 56 without any comments. 005 Czech Rep. CAA To substitute the term EASA Part-M for the term Part-M or Commission Regulation (EC) No 2042/2003, Part-M 006 UK CAA The explanatory note does not recognise that not all aircraft are subject to EC Regulations (Annex II and State aircraft) within EC member states. As such the RIA is questioned as there will be economic and possible safety implication (i.e. 2 new approvals). 013 DGAC France DGAC France has no comments to NPA-OPS 56. We recommend using only the term Part-M, or full name Commission Regulation (EC) No 2042/2003, Part-M because Part-M is not an EASA regulation but it is a regulation of the European Commission. Clarification Noted Noted Noted Noted Accepted Declined. State aircraft, by definition, do not carry out Commercial Air Transportation (CAT) operations and those aircraft certificated under Annex II of Commission Regulation 1592/2002 hold national Cs of A which, for purposes of CAT, must be standard Cs of A issued in accordance with ICAO Annex 8 - See JAR-OPS 1.180 and 3.180. Noted CJAA/OPS DIV Page 14 of 18 19/09/2006
Comment/Response Document NPA-OPS 56 (Section 1 material) Number Org. Comments Reason(s) for proposed text/comment Response JAR-OPS 3.875 to 3.935 (to be withdrawn entirely) 007 UK CAA comment to para 3.875: (a) An operator shall not operate an helicopter appropriately approved1/accepted 008 UK CAA comment to para 3.875(b) Helicopter maintenance requirements should read Helicopter continuing airworthiness requirements. Editorial To be consistent with Part M terminology. Accepted Accepted JAR-OPS 3.135(a)(2) THERE WERE NO COMMENTS TO THIS JAR Noted Appendix 1 to JAR-OPS 3.005(h), para (c) THERE WERE NO COMMENTS TO THIS JAR Noted CJAA/OPS DIV Page 15 of 18 19/09/2006
Comment/Response Document NPA-OPS 56 (Section 1 material) Number Org. Comments Reason(s) for proposed text/comment Response JAR-OPS 3.175(o) 009 UK CAA ([o]) The Operator must comply with the maintenance requirements,.. Editorial (remove space before comma). Accepted JAR-OPS 1.180(a)(2) THERE WERE NO COMMENTS TO THIS JAR Noted Appendix 1 to JAR-OPS 3.440(i) 010 UK CAA (i) and included in the operator s Editorial (remove space between apostrophe and s). Accepted Appendix 1 to JAR-OPS 3.1065 011 UK CAA.EASA Part-M M.A. 306(c) Operator s technical log system. Editorial (insert apostrophe in Operators). Accepted CJAA/OPS DIV Page 16 of 18 19/09/2006
Comment/Response Document NPA-OPS 56 (Section 1 material) Number Org. Comments Reason(s) for proposed text/comment Response JAR-OPS 3.1070 014 Czech Rep. CAA Part-M does not use the term Maintenance management exposition for commercial air transportation. The airplane maintenance management system of AOC holders must be described in the Continuing airworthiness management exposition, in compliance with Part-M. Declined. The paragraph heading of 3.1070 is considered adequate since it describes the function and purpose of 3.1070. The content of paragraph 3.1070 accurately reflects the technical requirement/reference, which is all that is needed. JAR-OPS 3.1071 THERE WERE NO COMMENTS TO THIS JAR REQUIREMENT Noted CJAA/OPS DIV Page 17 of 18 19/09/2006
Comment/Response Document NPA-OPS 56 (Section 2 material) Number Org. Comments Reason(s) for proposed text/comment Response AMC/IEM M Helicopter maintenance (to be withdrawn entirely) 012 UK CAA To be withdrawn entirely. Editorial (insert full stop). Accepted CJAA/OPS DIV Page 18 of 18 19/09/2006